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

On July 17, 2017, the defendant was issued a summary order of a fine of KRW 4 million by the District Court of Jung-gu for the crime of violation of the Road Traffic Act.

On April 26, 2020, the Defendant driven a DNA car from around 100 meters away from the front day of Gyeonggi-gu, Gyeonggi-do to the front day of Gyeonggi-si, with a blood alcohol concentration of 0.158%, while under the influence of alcohol around 22:24, 2020.

Accordingly, the defendant was driving not less than twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (report on the confirmation of the same kind of power);

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;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case even though he had the same criminal record, the same criminal record is the most recent, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.