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 September 29, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a crime of Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On August 21, 2020, at around 23:10, the Defendant driven a D Eccoo vehicle while under the influence of alcohol concentration of 0.145% at the section of approximately two meters, with the roads in front of the Ccoo-gu Seoul Metropolitan City, Seoyang-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and summary orders;

1. Application of Acts and subordinate statutes to the investigation report (Report on the status of an employer driver);

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 is that the crime of this case was committed by the defendant, even though the defendant was punished for drunk driving, and the defendant's liability for the crime of this case is not minor.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the fact that he/she is not subject to a sentence, and the fact that he/she has no previous record after around 2010, etc., the punishment as ordered shall be determined by taking into account the age, family relationship, character and conduct, means and consequence of the crime, and circumstances after the crime.