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 March 8, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

On June 21, 2020, at around 01:37, the Defendant driven a DNA-learning car under the influence of alcohol by 0.20% in a section of approximately 5.1km from the front road in Yangju-si, Yangju-si to the front distance in front of the Go-Eup area in Yangju-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and criminal records, etc.;

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 under Article 62-2 of the Criminal Act of the 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, that the defendant has been punished for traffic crimes other than drunk driving, that the defendant's blood alcohol concentration of the defendant was high, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the time interval between the previous criminal record and the previous criminal record, and other conditions of sentencing as indicated in the arguments of this case.