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

[criminal history] The Defendant is a person who received a summary order of a fine of KRW 4 million on August 17, 2012 as a crime of violating the Road Traffic Act (drinking) in the Suwon District Court’s Eunpyeong District Court on August 17, 2012.

[Criminal facts] On June 24, 2020, the Defendant driven D 140 automobiles under the influence of alcohol concentration of about 0.195% from the 1km section from Jun. 24, 2020 to Jun. 24, 2020 under the influence of alcohol level from Jun. 24, 202.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

The circumstances that are disadvantageous: The driving of a second alcohol, despite the power that has already been punished for driving under the influence of alcohol, was extremely high in the blood alcohol concentration at the time of detection, and eventually, the traffic accident caused by the road by realizing the risk is recognized and reflected: The fact that the crime is recognized and reflected, and the second conviction after a considerable period of time has elapsed from the time of the previous criminal record of the same kind.