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 May 20, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Youngcheon District Court's Young-gu branch on May 20, 201, and on July 13, 2018, as a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving).

On January 18, 2020, the Defendant driven a F K7 car from the 300-meter section to E in the same city, from the front side of the road in Ischeon-si B to E in the same city, while under the influence of alcohol of 0.108% of blood alcohol concentration at around 23:07.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry reports, such as criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that two times of punishment due to the same crime of sentencing under Article 62-2 of the Criminal Act has been committed shall be considered as favorable circumstances, such as the fact that there is no record of being punished twice due to the same crime of sentencing, the fact that the time limit and the reflects, the fact that there is no punishment exceeding the fine, and the fact that the non-driving of drinking again

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, drinking distance, driving distance, etc., are reviewed as above.