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 of the final judgment.

Punishment of the crime

[criminal power] On October 15, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 500,000 as a fine for the same crime in the Seocho District Court’s territorial branch on November 30, 207.

【Criminal Facts】

On August 21, 2019, at around 17:00, the Defendant driven a F Poter under the influence of alcohol concentration of about 0.080% from the 20km section of blood alcohol content to the e-mail in the front of the E-mail located in Suyangyang-gun B.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, drug map at the scene of the accident, photograph at the scene of the accident, report on the situation of the driver himself/herself, investigation report, notification on the results of the crackdown on drinking driving, making an inquiry into the circumstances, and a survey report on the actual condition;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing 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 punishment as ordered shall be determined by taking into account all the conditions of sentencing, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, the age of the defendant, background of the crime, and the blood alcohol concentration of the defendant at the time of the instant case

The defendant's mistake is recognized as a favorable circumstance.

Finally, the criminal defendant is subject to criminal punishment for the same kind of crime before about 12 years from this case.

Unfavorable circumstances: The defendant committed the same kind of crime even though he had a record of criminal punishment for the same kind of crime.

The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.