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 April 30, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Monthly Support on April 30, 2010, and was sentenced to a fine of one million won for the same crime in the same court on May 7, 2015.

【Criminal Facts】

On April 28, 2020, at around 00:05, the Defendant driven a rocketing vehicle with a blood alcohol content of about 0.160% from the 1.2km section from the front of the dong Station located in Yeongdeungpo-gu, Young-gu, Young-gu, Seoul Special Metropolitan City to the roads of the same Gun to the roads of the same Gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, inquiry into the results of the drinking driving control, field photographs, and caps and photographs of the Kakao road map;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.160%, driven a car approximately 1.2 km.

The defendant has been punished for a fine of one million won due to a drunk driving in 2010 and a fine of one million won due to a drunk driving in 2015.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case