A defendant shall be punished by imprisonment for one year.

except that 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 November 26, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

【Criminal Facts】

Despite the fact that the Defendant violated the prohibition of drinking driving as above, at around 17:40 on February 12, 2020, the Defendant driven a motor vehicle owned by the Defendant under the influence of alcohol 0.10% of blood alcohol concentration from around about 400 meters from the front of the Ccafeteria located in Pyeongtaek-gun B of Gyeonggi-do to the D Borrowing Road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished for a violation of the Road Traffic Act around 2007.

Considering the above-mentioned gap with the previous penal records, in particular, that the blood alcohol content of the instant case is 0.10%, the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments.