A 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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 31, 2020, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon method.

On August 18, 2020, at around 02:57, the Defendant, from C restaurant located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, to D, about 380 meters in alcohol leveling to 0.085% in blood alcohol level at around 0.085% in the area of 380 meters in Sungnam-si, Sungnam-si, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the following circumstances and the defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as stated in the text of the order shall be comprehensively taken into account.

Unfavorable circumstances: One month has not passed since drinking driving is controlled, and there is a high possibility of criticism for the crime in that it re-offending.

The alcohol concentration in blood shall not be lowered.

The favorable circumstances: the defendant should not repeat the crime while he reflects the crime.