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 November 26, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on November 26, 2007, and on October 17, 2017, the Defendant issued a summary order of KRW 4 million as a fine for the same crime at the same court.

On November 4, 2019, around 21:15, the Defendant driven a DSS5 car while under the influence of alcohol level of about 0.160% from the Do in front of the building B to the front road of C at approximately 100 meters.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and summary orders;

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 for providing community service and attending lectures;

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 sentenced to punishment for a crime of violating the Road Traffic Act around 2001, around 2007, and around 2017, the Defendant had the record of punishment, the interval with the previous penal records, and the blood alcohol concentration in the instant case reached 0.160% and there are many penal records, taking into account, in particular, the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., and the various sentencing conditions indicated in the instant records and arguments are determined as ordered.