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

On August 16, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act by the Chuncheon District Court.

On September 6, 2020, at around 03:20, the Defendant driven the EM7 car under the influence of alcohol with approximately 30 meters alcohol concentration of about 0.206% from the 30m section from the front of the mutually incompetence in Switzerland-si B to the Dorain-si in Chuncheon-si.

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

Summary of Evidence

1. The defendant's legal statement, field photograph of drunk driving, report on the state of his driving, report on the state of his driving, report on the state of his driving, request for appraisal of blood alcohol concentration, request for appraisal and report on investigation (calculated of blood alcohol concentration);

1. Inquiry reports on criminal records, etc., reporting on the previous records of disposition, results of confirmation, and application of statutes on judgment;

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. Although the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2017, the Defendant committed the instant crime at the same time, and the blood alcohol concentration of the Defendant at the time of the instant case reaches 0.206%.

However, taking into account the short driving distance as per se of the facts charged, the sentence shall be determined as ordered by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the records and arguments.