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

On May 27, 2014, the Defendant had been under the summary order of KRW 1,50,000,000 for a violation of the Road Traffic Act, but was under the influence of around June 6, 2020 from the 200m section to the front road of the Guri-si, Guri-si (hereinafter referred to as the “Guri-si”) to the 200m section from the 200m section to the Guri-si (hereinafter referred to as the “Guri-si”), the Defendant driven Cystren car while under the influence of alcohol content of approximately 0.045%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Application of criminal records, reply reports, investigation reports, and summary order Acts and subordinate statutes;

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. The Defendant, who was sentenced to the sentence, committed the instant crime even though he had the record of being punished as a crime of violating the Road Traffic Act (driving) around 2014.

However, the fact that the blood alcohol concentration in the instant case is 0.045% and is relatively low shall be taken into account.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.