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 became final and conclusive.

Punishment of the crime

[criminal power] On August 13, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and a summary order of KRW 2 million for the same crime in the Suwon District Court’s Ansan Branch on June 5, 2017, respectively.

【Criminal Facts】

On April 27, 2020, at around 23:35, the Defendant driven a Droco-car with approximately 30m alcohol level 0.131% under the influence of alcohol level around the C real estate located in Silung-si B.

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

Summary of Evidence

1. The defendant's legal statement, the main driver, the circumstantial statement, and the output;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (report on the same criminal records and confirmation of the suspect), and other relevant Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed a second offense even though he/she had a record of drinking alcohol, and the degree of blood alcohol concentration is high.

On the other hand, the distance of operation is short and reflects his fault.

In addition, the punishment shall be determined by taking into consideration various circumstances, such as the defendant's age and environment, background leading to the crime, and circumstances after the crime.