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 November 3, 2008, the Defendant was issued a summary order of KRW 500,000 by the Seoul Western District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on April 12, 2017, a summary order of KRW 5 million was issued by the same court as the same crime.

【Criminal Facts】

At around 01:30 on September 20, 2020, the Defendant driven a D UA7 car while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.05% in the section of about 100 meters from Seocheon-si B to the front of the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the report on the control results of drinking driving, the report on the status of a drinking driver, and previous records: The application of Acts and subordinate statutes on criminal records, reply reports, investigation reports, and 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 Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person, as well as his/her own, may take the life of a person, which is not only the crime but also poor, and the Defendant repeated the crime even though he/she had been punished twice due to drinking driving.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that there is no same punishment exceeding the fine, the blood alcohol concentration of the defendant was considerably low, and the driving distance was shorter, etc., the punishment as ordered shall be determined by comprehensively considering the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and all the sentencing factors specified in the records and arguments of this case, including the circumstances after the crime, and the execution of the punishment shall be suspended.