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 February 21, 2017, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang Branch of Suwon District Court.

【Criminal Facts】

On April 30, 2020, around 02:50, the Defendant driven a car in D in a drunken state with a blood alcohol concentration of about 0.078%, from the front of the “C” road located in Seodaemun-si B to the front of the Yongsan-si road located in the Seobuk-si, the period of stay.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the circumstantial statement of the person who is on driving for drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has three times the records that the defendant was punished for drinking prior to the instant case, and the interval between the crimes is not visible.

In this regard, there is a question whether the defendant is sufficiently aware of the danger and social harm of drinking driving.

The distance of the defendant's drinking driving is very long.

However, considering that the previous penal records are both different from fines, the punishment shall be determined by comprehensively taking into account the blood alcohol concentration at the time of the instant case, the Defendant’s age and behavior environment, the motive means of crime, the circumstances after the crime, etc., and all the sentencing conditions stated in the arguments and records. It is so decided as per Disposition with the intention to postpone the execution of the sentence only once.