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 October 26, 2012, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 12:40 on May 2, 2020, the Defendant driven Ccellto car with a blood alcohol concentration of about 0.142% from the 20km section from the front of a non-cafeteria near the west Station in Seoul, to the front of the Gyeonggi-gu Do Government Bara, the Defendant was under the influence of alcohol with approximately 20km alcohol concentration of 0.142%.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driving, notification on the results of the regulation of drinking driving, report on the state of his driving, and inquiry into the results of the regulation of drinking driving;

1. On-site photographs of 112 reported case lists;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports (verification of criminal records of the same kind), and copies of summary order Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for drunk driving in 2003 and 2012.

The punishment shall be determined as ordered by comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, such as the distance and frequency with the previous penal force as above, the blood alcohol concentration (0.142%), the distance of drunk driving (20km), the background of detection, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc.