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 July 16, 2013, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act from the Seoul Central District Court on July 16, 2013, and a summary order of KRW 4 million for the same crime from the Vice Branch of the Incheon District Court on June 10, 2016.

(Criminal Facts) The Defendant is a person who is engaged in driving a car in B SP site.

On February 6, 2020, at around 04:21, the Defendant driven the said car under the influence of alcohol by 0.122% in the section of about 30km from the 30km to the direction of the passage of the Jung-gu Seoul Metropolitan City Highway, Jung-gu, Gwangju Metropolitan City to the direction of the passage of the highway 343.6km.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the status of drinking drivers), photographs at the scene of detection, and report on the status of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had twice the record of drinking driving, re-driving the drinking alcohol again, and the blood alcohol concentration at the time was considerably high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.