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 March 2, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on January 13, 2016, a summary order of KRW 1 million was issued from the Jungbu District Court to a fine of KRW 1 million for the same crime.

On November 7, 2019, at least 23:55, the Defendant: (a) driven C K3 cars while drunk with a blood alcohol concentration of about 0.054% from around 1.5km to the front road of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul; (b) on November 23:5, 2019, the Defendant violated C K3 cars under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (attached to the same summary order);

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. As the Defendant was punished for a crime of violation of the Road Traffic Act around 2009 and around 2017, the sentence is determined as ordered by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.054%; and (c) the family members to be supported; and (d) the Defendant’s age and character, family relationship; (b) the motive and means of the crime; and (c) the various sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, are comprehensively considered.