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

On July 18, 2016, the Defendant issued a summary order of a fine of KRW 3 million at the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

Criminal facts

On August 12, 2020, from around 22:30 to 22:50 on the same day, the Defendant driven a DNA car with approximately approximately KRW 2.4 km alcohol content 0.252% in the section from around the “C” located in Li Government-si B to the Gi Government-si Fi Government-si, and driven a DNA car with approximately KRW 2.4 km alcohol content.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Notification of the results of drinking control;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes to investigation reports (applicable to the same kind of drinking driving force);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of being punished by a fine due to drunk driving, and that he/she has a high blood alcohol level.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, the distance of drinking driving is short, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in accordance with all the sentencing conditions shown in the arguments of this case.