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 December 27, 2018, the defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the support of the Daejeon District Court on December 27, 2018.

around 20:55 on May 14, 2020, the Defendant driven an Estststa car at approximately 300 meters away from the day before the cafeterianam-gu Seoul Metropolitan City “C” restaurant located in B to the day before the same Gu while under the influence of alcohol of 0.037% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each register of reports on the state of driving under the influence of alcohol, reports on internal accidents, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and the use of drinking meters

1. Investigation report (verification of the place of departure);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant's mistake and reflects the depth of the sentencing; (b) the defendant's consciousness and desire to take the preference while leading; and (c) the defendant again committed the instant crime despite the fact that he was punished once for the same kind of crime; (b) the blood alcohol concentration and driving distance of the instant case; and (c) the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime; (d) the circumstances after the instant crime; and (e) the various sentencing conditions specified in the pleadings of the instant case are considered.