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 December 7, 2018, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, from the Seosan Branch of the Daejeon District Court on December 7, 2018.

On September 28, 2020, at around 01:56, the Defendant driven a F rocketing car within approximately 200 meters from the front side of the building C at Seosan-si to the front side of the “Ecafeteria” located in Seosan-si D, Seosan-si, under the influence of alcohol content of 0.162%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Inquiry into foreign crimes and investigation records materials, and the application of Acts and subordinate statutes on investigation reports (verification of sound driving records);

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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under