A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Although the Defendant was issued a summary order of KRW 3 million on September 3, 2012, and a fine of KRW 2 million on June 15, 2015, the Defendant driven a car from around 18:45 on June 24, 2020, under the influence of alcohol concentration of KRW 0.153% on alcohol level to E in the East Sea from around the restaurant of “C” located in the East Sea in the East Sea, the Defendant driven a car of approximately 2.5 km in the influence of alcohol level of KRW 0.5 km while under the influence of alcohol level of KRW 0.153% in the East Sea.

Summary of Evidence

1. The defendant's legal statement G, each written statement of H which is reported as a result of the drinking control of drinking drivers, and the circumstantial statement of the drinking drivers;

1. The actual condition survey report and photographs of the accident site;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend the course of probation shall be selected by taking into account the following factors: (a) the degree of the punishment imposed by the accused’s principal offender and the record of the same kind of crime for the reason of sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act; (b) the accused confessions and reflects the offense; and (c) the above past power

In addition, in order to prevent the defendant from repeating a second offense, probation is ordered for a certain period of time and a compliance driving lecture is ordered.