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 6, 2013, the Defendant received a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act from the Busan District Court’s Branch on March 6, 2013. On May 23, 2018, the Defendant received a summary order of KRW 4 million for the same crime from the Suwon District Court’s Ansan Branch.

【Criminal Facts】

On June 19, 2020, at around 01:38, the Defendant driven a C-7 car under the influence of alcohol with a blood alcohol concentration of 0.088% from the 30-meter section from the French land (hereinafter referred to as the “Ssking-si”) to the front road of Sinung-si, Sinung-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the regulation of drinking driving, and record of the measurement of drinking;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (previous records and confirmation reports of suspects), and summary orders and other 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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.