A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 9, 2014, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

On June 19, 2020, the Defendant driven a DNA strawing car with alcohol content of about 0.277% from the 3km section of blood in the 3km section from the C apartment of about 02:20 to the C-dong of the G-dong of the G-si.

Summary of Evidence

1. Report on the circumstances of driving at the bar of the accused, report on the circumstances of the driver at the bar, and report on investigation into the results of crackdown on driving under drinking (report on the situations of the driver at the bar);

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A) and the application of summary order statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend and the Order of Community Service, despite the fact that the defendant had been punished for driving under drinking for about six years prior to the occurrence of the instant crime. At the time of the instant case, the alcohol concentration of the defendant's blood was considerably high by 0.277%, at the time of detection, the defendant was found to have been in a serious short condition since he left the string floor of the vehicle while standing on the road. Meanwhile, the defendant was recognized to commit the crime and there was no record of punishment except for the previous conviction in the judgment, and the defendant's age, sex, criminal conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are determined as ordered by the text.