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 May 30, 2014, the Defendant was issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch.

On April 12, 2020, at around 20:20, the Defendant driven D K5 cars while under the influence of alcohol content of about 0.140% from the section of approximately 1.5 km up to the front road of the C apartment in the city of Kumi-si, Seoul, the Defendant driven D K5 cars in the state of under the influence of alcohol content of about 0.5 km.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant’s legal statement, the actual state of traffic accident, the report on his/her circumstantial statement, and previous records as indicated in his/her ruling after checking the control of drinking driving: The application of criminal records, inquiry reports, and criminal investigation reports (former records and confirmations) and statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of driving, the status of the defendant at the time of driving, and the criminal records