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

【Criminal Power】 On November 30, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Jung-gu District Court on November 30, 2016.

【Criminal Facts of Crimes】 On July 8, 2020, the Defendant driven a Eing MX car while under the influence of 0.117% of the blood alcohol concentration from around 900 meters from the front road located in Speaker-si B around 23:15 on the same day to the front road in Speaker-si D.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement, and site photograph;

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, confirmation of records of drinking driving, medical district court 2016 high-level 14719, and summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, at the time of the instant case, committed the instant crime at the time when five years have not passed since he/she had been punished for a violation of the Road Traffic Act (driving) around 2016, and the Defendant’s blood alcohol concentration at the time of the instant case reaches 0.117%.

The defendant, even though he shocks other vehicles parked at the time, has realized the risk of drinking driving.

The defendant shows his attitude against the defendant. The defendant's attitude is to be taken into account that the defendant's wife wants to be the defendant's wife. In addition, the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments, and sentencing equality with similar cases, etc. shall be determined as per the disposition.