A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On September 27, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court.

[Criminal facts] On June 19, 2020, the Defendant driven a car in the F FSpo City owned by himself under the influence of alcohol concentration of about 0.088% from the C parking lot located in Gangnam-si B to the D Apartment-si road of the same city from around 1.2km to the D Apartment-si road of the same city.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, investigation report (A), and statutes of the same kind during the period of suspension of execution;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The conditions favorable to the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of being punished for drinking driving, committed the instant crime again. In particular, the instant crime was committed without being committed during the period of suspension of execution due to the violation of the Game Industry Promotion Act, and is disadvantageous to the defendant.

The defendant's erroneous recognition of his/her own mistake, the driving value of the drinking of this case is relatively high, and the distance from the moving to the drinking driving is relatively not higher, there is no record of criminal punishment exceeding the fine due to the drinking driving, and the fact that he/she supports the baby alone, etc. are considered as favorable circumstances for the defendant and the age of the defendant.