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

[Power of sound driving, etc.] On March 17, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court.

【Criminal Facts】

On July 3, 2020, at around 09:41, the Defendant driven a DNA juju-be, under the influence of alcohol leveling 0.066%, from around 800 meters to the front road of the Seocho-gu, Seowon-si B apartment street on July 3, 2020, while under the influence of alcohol leveling to 0.06%.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the blood alcohol concentration is relatively low due to a night-driving);

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the violation of a pond and the violation of Article 62 (1) of the Criminal Act; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;