A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 12, 2019, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Jeonju District Court.

On July 15, 2020, the Defendant driven a DK 3 car under the influence of alcohol concentration of about 0.067% from the 4km section from the front road of Yansan-gu, Seoul Special Metropolitan City to the front road of Yinjin-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to inform the results of the investigation report on the circumstances of drivers who are placed in driving (report on the situation of drivers who are placed in driving);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

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. For the reason of sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order, driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act is a serious criminal that threatens the life, body, and property of other persons as well as his/her family members; the crime of traffic accident occurred while driving alcohol (0.067% in blood) at the time of the instant case; the former District Court issued a summary order of a fine of KRW 2 million on March 12, 2019 for the crime of violation of the Traffic Act at the former District Court, and repeated the instant crime, which is disadvantageous to the Defendant; the Defendant led to the confession and rebuttal of the instant crime; the Defendant appears to have not caused personal damage due to the instant crime; and other factors favorable to the Defendant, such as the Defendant’s age, sex, environment, motive and background of the instant crime, driving distance, and circumstances after the instant crime, etc., shall be determined by comprehensively taking into account various sentencing conditions indicated in the pleadings, such as the order.