A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On November 20, 2008, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on December 23, 2016, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Jungyang Branch Branch of the Jung-gu District Court on December 23, 2016.

【Criminal Facts】

On July 29, 2020, around 23:22, the Defendant driven a FMW M6 car with a blood alcohol concentration of about 0.043% while under the influence of alcohol level from around 50 meters to the E-distance in D, from the front of the Cridge in Mangdong-gu, Mangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' standing statement, and report on the state of drinking driving;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a summary order attached to sound records);

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, considering the fact that the Defendant stated that he/she is against the facts charged, the distance of drunk driving (50m) is relatively short, and the fact that he/she has no record of crime exceeding the fine, etc., the Defendant’s age, family relationship, character and conduct, means and consequence of the crime, etc., and the punishment as ordered shall be determined by taking into account various sentencing conditions specified in the arguments in this case, such as the circumstances