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 February 27, 2009, the Defendant was issued a summary order of KRW 5 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (driving).

On August 19, 2020, around 200:07, the Defendant driven D Poter Cargo at approximately 0.162% of blood alcohol concentration at the 2km section from the Do in front of a restaurant located in the Southern-si, the Namyang-si, the Do, to the Do in front of the Gyeonggi-si B apartment C, and around 2 kilometers in front of the Dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

1. Inspection of the results of the drinking driving control;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to confirm the same kind of power of the suspect;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.