A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 24, 2009, the Defendant was issued a summary order of KRW 1,50,000 to a fine for violating the Road Traffic Act (drinking driving), etc. by the District Court of Jung-gu.

On October 6, 2020, the Defendant driven C Haak-dong car in the state of alcohol alcohol concentration of about 0.163% in the 5km section from around 23:26 to around 26, 2020 to around 5km of Seongdong-gu Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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 under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is to increase the possibility of traffic accidents and thereby lead to the occurrence of dangerous crimes, which may lead to an unforeseen behavior in the life and family of others as well as the occurrence of traffic accidents; the defendant has the record of being sentenced to a fine once due to drinking driving; the driving distance is long and the blood alcohol concentration was considerably high; the defendant has no record of being punished in excess of a fine; and the sentencing conditions specified in the trial process of the instant case, such as the circumstances after the crime, etc. shall be determined as the sentence as ordered.