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 July 20, 2018, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act from the District Court of Jung-gu on July 20, 2018.

On January 25, 2020, at around 03:27, the Defendant driven a Cknife car under the influence of alcohol level of about 0.098% from the 9km section from the Kibu Station to the front road of the Gu Government-si. B. The Defendant driven a Cknife car under the influence of alcohol level of about 0.098%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, committed the instant crime at the time when two years have not passed since the record of being punished for the violation of the Road Traffic Act (driving) around 2018.

At the time of the defendant's blood alcohol concentration is 0.098%, and the risk of drinking driving was realized by causing a traffic accident.

Social service shall be imposed in consideration of such unfavorable circumstances.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.