The sentence against the accused shall be determined by one year and six months of imprisonment.

except that the sentence shall be imposed for a period of three years from the date the judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 27, 2017, the Defendant was issued a summary order of KRW 2 million in the Changwon District Court’s Changwon District Court’s branch branch for a crime of violating the Road Traffic Act (driving on Drinking).

[Criminal facts] On September 29, 2020, the Defendant driven a scoo vehicle into D while under the influence of alcohol leveling 0.073% of the blood alcohol level at approximately 10 meters in front of the road of C Cooperatives located in Jinan-gun, Jinan-gun, Jinan-gun, Seoul at around 21:48.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, on-site photographs, and notification of the results of crackdown on driving drinking;

1. Previous convictions in judgment: Application of two-yearly Acts and subordinate statutes, such as written inquiries about criminal history, and written summary orders;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. At the time of the instant crime, the Defendant’s blood alcohol concentration level was not high at the time of the instant crime, and the Defendant’s attitude to cooperate in the instant investigation in a net manner from the time of drinking control, and the Defendant’s past 20 years, without any history of criminal punishment exceeding the fine, is a favorable reason for sentencing.

However, considering the fact that there are many criminal records related to traffic, there are relatively few times among them, and that the defendant is relatively relatively close to drive a motor vehicle while driving a motor vehicle as stated in its reasoning (the short driving distance is not based on the defendant's will and thus it does not be evaluated as a favorable sentencing ground), it is necessary to impose criminal liability on the defendant to a certain extent.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, are integrated as the order.