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

On July 18, 2007, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.

At around 18:30 on May 8, 2020, the Defendant driven D SL125G Trab while under the influence of alcohol leveling 0.138% from the section of approximately 500 meters from the front of Jung-gu Seoul to the front of the same Gu C on the road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of the measurement of drinking alcohol and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Criminal history records, inquiry records, investigation status (Attachment of a summary order), and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 Act is that the defendant, even though he had the past record of punishment for drunk driving (2003, 2007), drives under the influence of alcohol again, the defendant's blood alcohol level, driving distance, the defendant's charges are recognized and reflected, the defendant has no record of criminal punishment exceeding the fine, and the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered to be considered in the judgment of the court below.