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 April 23, 2008, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act at the District Court of Jung-gu on April 23, 2008, and was sentenced to a summary order of 5 million won by the same court on January 16, 2009.

On December 22, 2019, the Defendant driven a D K5 vehicle under the influence of alcohol concentration of about 1 0.066%, while under the influence of alcohol concentration of at least 0.066% on the roads of Yangju-si, a control point from Yangju-si B apartment to Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Criminal records, inquiry reports, investigation reports, attachment of judgments on the same kind of case, and application of statutes governing judgment;

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. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2001, around 2004, around 2008, around 2009, the Defendant had the record of punishment, the interval with the previous penal records, and the degree of alcohol content in the blood of this case is 0.066%, taking into account in particular, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the disposition, taking into account the various sentencing conditions indicated in the instant records and arguments, such as the following circumstances.