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

[Criminal Power] On April 16, 2019, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

Although the Defendant was punished as a crime of violating the Road Traffic Act, around August 28, 2020, the Defendant driven the EMW car under the influence of alcohol of about 0.069% in a section of about 1km from the front of the C cafeteria located in Asan City B to the D apartment in Asan City, Asan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the crackdown on drinking driving and notification of the results of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes of a 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant was punished for drinking-driving in 2019, and has not long been punished for driving under the influence of drinking in 2019, and the responsibility for such crime is not less complicated.

However, the defendant seems to have led to confession and reflect on the crime of this case.

Blood alcohol concentration is relatively low.

There is only a fine for one time due to drinking driving.

The age, character, conduct and environment of defendants.