Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On August 9, 2017, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million with a fine at the Seoul Eastern District Court on September 15, 2017, respectively.

On July 3, 2020, at around 00:14, the Defendant driven DK7 automobiles under the influence of alcohol with approximately 1.5m alcohol concentration of about 0.169% from the front road of C fixed-type and front road in C fixed-type B in Nam-si, Namyang-si to the front road of the fire center located in 772, Namyang-gu, Jyang-do.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map, on-site photograph, report on the situation of the driver himself/herself, and investigation report (report on the circumstances of the driver);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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 for providing community service and attending lectures;

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 was punished for a crime of violation of the Road Traffic Act two times on or around two occasions in 2017, the Defendant committed the instant crime. At the time of the instant case, the Defendant’s blood alcohol concentration reaches 0.169%.

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.