A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 2, 2017, the Defendant issued a fine of KRW 2 million for a violation of road traffic laws (drinking driving) at the Gangnam Branch of the Chuncheon District Court on August 2, 2017. However, on December 13, 2020, the Defendant driven a Fland Lone Star Cor under the influence of alcohol leveling to approximately 0.090% of alcohol level in the 2km section from the front of C located in Gangnam-si B, Gangnam-si, 15:00 to the front of the E restaurant located in Gangnam-si, Gangnam-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of drinking alcohol, reporting on the situation of the driver of the driving of the drinking alcohol, reporting on the situation of the driver of the driving of the drinking alcohol, inquiry about the criminal history, investigation report (verification of the same kind of power), and application of a copy of summary order 2004, about 204

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The conditions favorable to the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had a record of punishment due to drinking driving, leading to the instant crime, etc., is disadvantageous to the defendant.

Considering the favorable circumstances, such as the defendant's age, sexual conduct, motive or circumstance of a crime, means and method of a crime, details and results of a crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's mistake is recognized, and there is no record of criminal punishment exceeding a fine due to drinking driving; and (b) the punishment shall be determined as ordered by taking into account