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 October 31, 2003, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s territorial branch on July 2, 2012, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On October 22, 2020, at around 21:20, the Defendant driven a F car under the influence of alcohol level of about 0.109% in the direction of the E community hall located in the same Gun, from the front of the Cju shop located in the Ganjin-gun, Chungcheongnam-gun, Seoul, to the front of the E community hall located in the same Gun D.

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

Summary of Evidence

1. Investigation report of the defendant's legal statement (report on the circumstances of the driver);

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the personnel;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of driving under the same kind of suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: The defendant had been sentenced to a fine in 2003 and 2012 due to drunk driving, but again commits the crime of this case, and the defendant's blood alcohol concentration is considerably high at the time of driving, and other favorable circumstances: the defendant is the defendant.