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 August 16, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 24, 2020, the Defendant driven a Fk7 car under the influence of alcohol of about 0.092% from the 6km section to the front road of the “E” located in the same city from the “Cira shop” road in Seosan City B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to report of internal investigation (control situation) G;

1. Notification of the result of the crackdown on drunk driving, and a photograph and explanation of the use register of the report on the situation of drunk driver;

1. Previous convictions in judgment: Inquiry reports, investigation reports (verification of suspect's records of driving alcohol), application of statutes governing judgment;

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 defendant has been punished for the violation of the Road Traffic Act in 2010.

Nevertheless, the crime of this case was committed again.

In light of the above previous penal records, the defendant's blood alcohol level, the distance of drunk driving, and the circumstances surrounding the crackdown of this case, etc., the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.