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 April 20, 2018, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from the District Court of Jung-gu.

On January 25, 2020, at around 05:20, the Defendant driven B K3 cars while under the influence of alcohol of about 0.104% in blood alcohol concentration from the section of about 5 km to the roads front of the green meltyang Station located in the same meltyangdong.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case in spite of his previous convictions of the same kind, and the same criminal record is the most recent, the defendant's blood alcohol density, his age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case such as circumstances after the crime shall be determined as ordered