A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 On May 17, 2019, the Defendant was sentenced to a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Administration” around 01:40 on June 20, 2020, the Defendant driven FMW car in the state of alcohol alcohol concentration of about 0.04% at approximately 200 meters from the front of the Cju station located in Nam-gu, Nam-gu, Seoul, to the front of the same Gu E basin.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of any case to be suspected of violating the Road Traffic Act, report on the control of drinking driving, report on the results thereof, and report on the state of drinking drivers;

1. Previouss before ruling: Criminal records, inquiry reports, and the application of Acts and subordinate statutes governing the same type of force;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation and lecture attendance order Article 62-2 of the Criminal Act does not have much high level of alcohol concentration on the grounds of sentencing. However, the first driving under the influence of alcohol is narrow at time between the first driving under the influence of alcohol and the first driving under the influence of alcohol, the first driving under the influence of alcohol at once, the Defendant’s reflectiveness and other punishment power shall be taken into account.