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 March 14, 2016, the Defendant was issued a summary order of KRW 1 million by the District Court of Jung-gu as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 20, 2020, at around 02:50, the Defendant driven BM6 car under the influence of alcohol with approximately 8km alcohol concentration of 0.113% from the front of the Pyeongtaek-ro 1375, Namyang-si, Jyang-si, Jyang-si, Seoul, to the front of the use distance of the land located at approximately 36-1, SM6 car in the direction of approximately 8km.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the state of standing of a driving under the influence of alcohol, notification on the results of the control of drinking under the influence of alcohol, and inquiry;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for a violation of the Road Traffic Act (driving) around 2016, and thus, the Defendant is determined as the Disposition, by comprehensively taking into account the distance from the previous penal records, the blood alcohol concentration (0.113%) of the instant case, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and the various sentencing conditions shown in the instant records and arguments, such as the criminal records