Defendant shall be punished by imprisonment for a term of one year and two months.

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 July 24, 2015, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and on October 28, 2010, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court. On February 5, 2008, the Defendant received a summary order of KRW 3 million for a fine of KRW 5 million by the same court as a violation of the Road Traffic Act.

On June 26, 2020, the Defendant, at the parking lot for “C Bank,” located in Kuri-si B, around 23:36, 2020, driven D NAS car at approximately 2 meters while under the influence of alcohol content 0.203%.

Summary of Evidence

1. Defendant's legal statement;

1. Violation of the Road Traffic Act in a report on detection;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (a copy of summary order, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant committed the instant crime, even though he/she was punished for drinking driving in 201, 2003, 2008, 2010, and 2015 under Article 62-2 of the Criminal Act, again committed the instant crime.

This is the 6th alcohol crime, and the blood alcohol concentration of this case was very high by 0.203%.

Defendant has been subject to punishment several times for a crime of double species.

It is not good that the crimes of defendants are committed.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant recognized the instant crime; (b) the distance of drinking driving is short; (c) the Defendant must support his family; and (d) the Defendant’s age, character and conduct, family relationship; (b) motive and means of the instant crime; and (c) various sentencing conditions shown in the records and arguments