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 of the final judgment.

Punishment of the crime

[Criminal Power] On April 24, 2014, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (refluence of measurement) from the Seocho District Court’s territorial branch on April 24, 2014.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act (Refusal of Measurement), the Defendant driven a G rocketing car under the influence of alcohol concentration of approximately 0.057% at a section of about 100 meters from the front parking lot of “D” restaurant in the same military E from around 16:20 on March 29, 2020 to the police box located in Gangwon-gun B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and the next inquiry;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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 defendant's mistake in sentencing Article 62-2 of the Criminal Act is recognized.

However, even though the defendant had been punished for committing a crime of refusing to measure drinking, he again committed a crime of drinking driving.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.