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 November 25, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the District Court of Jung-gu, 2010.

Nevertheless, at around 22:36 on July 28, 2020, the Defendant driven an Eban car with blood alcohol concentration of about 0.117% under the influence of alcohol from approximately 600 meters to the same apartment D-dong parking lot from B apartment C-dong parking lot in Namyang-si, Namyang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, written appraisal of blood alcohol concentration, inquiry into the results of the control of drinking driving, and report on internal investigation (the results of the suspect's appraisal on blood collection);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (formers and verifications);

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. In addition, even though the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2010, the Defendant committed the instant crime.

However, in light of the facts charged, the defendant is driving a parking lot, and the defendant shows an attitude against the defendant. In addition, considering the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as per the order, by comprehensively taking into account various sentencing conditions as stated in the records and arguments