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 March 26, 2010, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On February 2, 2018, the Seoul Northern District Court received a summary order of KRW 3 million for the same crime.

【Criminal Facts】

On June 8, 2020, at around 23:10, the Defendant changed the drinking time from the time of drinking measurement to the time of detection, not from the time of drinking measurement. From the public parking lot in Yongsan-gu, U.S. to C, Goyang-gu to about 100 meters, the Defendant driven a car in the state of alcohol alcohol level of about 0.10% with a blood alcohol level of about 0.10%.

Summary of Evidence

1. Notification of the defendant's legal statement, report on the situation of the driver involved in drinking, investigation report, criminal records, etc., inquiry inquiry report (A), previous disposition and confirmation results, and application of Acts and subordinate statutes governing each summary order;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Criminal 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 Code of the Order to Attend a lecture has a record of being punished twice due to the crime of drunk driving, and in particular, even though the defendant was punished for the last crime, he again committed the instant crime even though he was not much.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The distance from drinking driving is short.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.