A defendant shall be punished by imprisonment for a term of one year and four 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 April 24, 2012, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for a crime of violation of the Road Traffic Act.

On June 2, 2020, at around 00:19, the Defendant driven a F rocketing car in the state of alcohol concentration of about 0.170% in the 3km section from “C” located in Yansan-si, Seoul to the front road located in D’s located in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration and the distance from driving, the same kind of power (one fine) and the fact that there is no other penal power;