A defendant shall be punished by imprisonment for a term of one year and two months.

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 history] On September 20, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Seoul Eastern District Court on November 28, 2008, a fine of KRW 3 million for the same crime in the same court on November 28, 2008, and a fine of KRW 2.5 million for the same crime in the same court on April 19, 201, respectively.

[Criminal facts] On May 20, 2020, around 04:29, the Defendant driven a Cworkren car with alcohol content of about 0.203% from the 1km section of blood alcohol from the front of the G Apartment apartment in Gyeonggi-si to the front road of the 199-1 Taenam-si, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Report on the circumstances of driving under the influence of the accused's legal statement, report on the circumstances of the driver under the influence of alcohol, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act was that the Defendant was realizing the risk of drinking alcohol driving by causing a traffic accident that causes damage to property due to drinking by driving under the influence of alcohol.

The punishment shall be determined as per the order, in consideration of the amount of alcohol concentration in blood, the record of punishment for existing drinking driving, the fact that there is no previous conviction exceeding a fine, the reflectivity of the defendant and the fact that it is the most likely to support his family.