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 9, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on May 9, 2007.

Around 22:40 on May 8, 2020, the Defendant driven an EM5 vehicle from around 1.4 km to D through the front road of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, with a alcohol level of 0.118%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a summary order after inquiring about criminal records, such as notification of the results of drinking driving control;

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 under Article 62-2 of the Criminal Act, even though the Defendant had a previous record of drinking alcohol driving twice, was driving under drinking at night at night, and the Defendant was also driving another person’s vehicle in the process of driving at night.

At the time of the pertinent drunk driving, the Defendant’s blood alcohol concentration was 0.118%.

The fact that the defendant's mistake is visible and is against the defendant's excessive punishment power, and that there is no significant penalty power for the defendant, and that the drinking amount shown in the previous drinking driving record is relatively high, and that 13 years have passed from the final drinking prior to the final drinking is considered in favor of the defendant.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.