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 May 30, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine for the same crime in the same court on July 30, 2008, respectively.

At around 00:30 on July 10, 2020, the Defendant driven a car under the influence of alcohol of 0.069% in blood alcohol concentration from the front of the mutual influoral convenience store near the 365 short-distance basin, according to the sanct of Sungnam-si, Sungnam-si, to the front of the same city Jung-gu B.

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's legal statement, circumstantial statement, and inquiry report on criminal records, etc. as a result of the crackdown on drinking driving, and investigation report (verification 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) although the Defendant was punished by a fine of around 200, around 2002, around May 2008, and around July 2008, the Defendant driven a car under the influence of alcohol level of 0.069% in the second blood alcohol level.

The main circumstance is to consider that the defendant's mistake and reflects the defendant's attitude, that the defendant did not have been sentenced to a fine more than a fine, in addition to a suspended sentence of imprisonment for a term of imprisonment for a single offense, and that other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. are determined as ordered in consideration of the following circumstances.