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 August 26, 2003, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as the same crime in the same court on April 5, 2007.

【Criminal Facts】

Although the Defendant violated the prohibition of drunk driving as above, on September 17, 2020, at approximately 5.8km from the front road of the member B building in Ansan-si, Ansan-si to the front road of the 254 Samsung Bio-mick, the Defendant driven the volume of D Appp XD car owned by the Defendant’s wife C while under the influence of alcohol of about 0.060% from the 5.8km section from the front of the building in Ansan-si to the front road of the 254 Samsung Bio-mick.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);

1. Relevant Acts concerning facts constituting a crime 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. Taking into account the risks inherent in drinking driving under the reason of sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density (0.060), driving distance, and the same criminal records (two times a fine as indicated on the market), the sentence shall be determined as ordered by taking into account various factors of sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.