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

On September 7, 2012, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Seoul Eastern District Court on September 7, 2012, and the same criminal records are more than twice.

Criminal facts

At around 16:10 on September 6, 2020, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.075%, driven a Clearning car from the unfolder map located in Geumyang-dong, Geumyang-si, Geumyang-do to the front road in the same city B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Application of Acts and subordinate statutes of Part II to criminal records, reference reports, investigation reports, and summary orders;

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 sentencing of Article 62-2 of the Criminal Act on the grounds of the sentencing of the order to provide community service and attend lectures shall be determined by comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, such as drinking of this case, the criminal records of the Defendant