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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 18, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu on April 18, 208.

On September 5, 2020, the Defendant driven a car with D Alb while under the influence of alcohol 0.220% in the section of about 20 meters from the front road of the Gyeonggi-si, the Namyang-si, the Gyeonggi-do, to the front road of the same city C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for drinking driving in 2008.

Nevertheless, the Defendant driven a car at the same time in the state of 0.220% alcohol concentration in blood.

At the time, the defendant was clear about the reporter and the traffic accident day.

However, the punishment is determined as ordered by comprehensively considering the following factors, such as the fact that the defendant is against the defendant, the fact that there is a time interval between 12 years or more with the previous drinking driving, and the age, sex, environment, circumstances, details of the crime, and circumstances after the crime.