A defendant shall be punished by imprisonment for one year.

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

[criminal power] On December 30, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on December 30, 2008. On September 15, 2009, the Seoul Southern District Court was sentenced to a suspended sentence of one year for three months for the same crime.

【Criminal Facts】

On June 8, 2020, the Defendant revised it in line with the evidence at around 19:35, Jun. 8, 2020. From the roads near the Yandong-gu, Mangdong-dong-gu to the roads front of the same Yandong-dong Yandong-dong Yandong-gu, the section of approximately 200 meters was under the influence of alcohol 0.179% in blood alcohol concentration.

As above, the Defendant driven a motor vehicle, etc. in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report, notification on the results of crackdown on drunk driving (after collecting blood), seizure records, seizure list, investigation report on blood alcohol appraisal records, investigation report on the criminal records, application of Acts and subordinate statutes to criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant had been punished three times, including a suspended sentence due to the crime of drinking driving, but also committed the crime of drinking driving.

The drinking volume is high.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The driving distance is short.

The defendant's drinking driving force is 10 years prior to all.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc.