Defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

[criminal history] On June 28, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,500,000,000 for a violation of road traffic law at the Seoul Western District Court on June 27, 201. On June 27, 2011, the Defendant was issued a summary order of KRW 1,50,000 for the same crime with the same offense, and on April 7, 2014, the Defendant was issued a summary order of KRW 5 million with the same offense in the same court.

[2] On May 15, 2020, between around 00:15 and around 00:59, the Defendant driven a Dbenz car under the influence of alcohol leveling 0.175% from the 30km section from the front of Yongsan-gu Seoul to the front of the branch of Seongbuk-gu Seoul Metropolitan City, Sungnam-do.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and the result of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), list of relevant cases, summary order and other Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures are that the Defendant once again drives drinking, despite the fact that the Defendant had been punished for drinking alcohol (three times), the time interval with the same crime, the Defendant’s blood alcohol concentration is considerably high, driving distance, the Defendant recognizes and reflects the facts charged, the Defendant has no record of criminal punishment exceeding the fine, and the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered in light of the sentencing conditions indicated in the arguments of this case.