A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 26, 2006, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on December 26, 2006, and a fine of two hundred and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on February 20, 2014.

On September 25, 2020, from around 22:50 to the front road of Goyang-gu Seoul Metropolitan City B apartment complex, the Defendant driven CNA-si car under the influence of alcohol concentration of 0.083% in blood.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report of investigation (12 reporters and telephone content), and a report of 112 case;

1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, reports on investigation (verification of the same criminal records as the suspect), and application of three copies of summary orders;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act, which states that the defendant's mistake should not drive drinking in any case in the future.

Defendant has no criminal records of suspended sentence of imprisonment without prison labor or heavier punishment.

Other punishment shall be determined by comprehensively taking into account various circumstances shown in pleadings, such as the defendant's age, sex, environment, motive and background leading to the crime, degree of alcohol during blood, and circumstances before and after the crime.