A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On May 3, 2018, the Defendant was issued a summary order of KRW 1 million by the District Court of the Republic of Korea on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 8, 2020, the Defendant driven a C Sti-type car under the influence of alcohol content of 0.171% from the front side of the house located in Sacheon-si B to the front side of the surrounding 5 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, investigation report, report on the handling of 112 reported cases, on-site photographs of accident, and investigation report (Calculation of alcohol concentration in blood);

1. Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (report attaching records of the same kind of drinking crime for a suspect);

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 2018, the Defendant committed the instant crime at the same time, and the distance between the penal power around 2018 and the instant case does not constitute three years.

However, it shall be considered that the defendant's drinking distance does not exceed 5m per se of the facts charged.

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.