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 June 25, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Youngcheon District Court’s Young-gu branch on June 25, 2010.

【Criminal Facts】

At around 23:55 on May 21, 2020, the Defendant driven a E-Poter vehicle under the influence of alcohol content of about 0.113% from the Do in front of the parking lot C located in Thai City B to the front road of D in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, each accident site photograph, the circumstantial statement of a drinking driver, investigation report, and notification of the results of the crackdown on drinking driving;

1. The results of inquiry and the application of the summary order Acts and subordinate 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol concentration of 0.113%, driven a vehicle about 1 km in the process, and caused the contact accident in the process.

The defendant was punished for a fine of KRW 200,000 due to a driving without a license in 2000, and a fine of KRW 1 million due to a drinking driving in 2010.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of