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

On April 7, 2011, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act from the District Court of Jung-gu.

At around 22:50 on April 2, 2020, the Defendant driven a DNA car from the front side of the “C” in Scheon-si B to the front side of the 9123 unit located in Scheon-ro, Macheon-ro, Macheon-ro, 2119, to the front side of the 9123 unit, with a blood alcohol concentration of about 1km to 0.117%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the statement of the status of the driver under the influence of alcohol, investigation report (report on the status of the drinking driver), and

1. The application of Acts and subordinate statutes on criminal records, etc., references to criminal records, amounts of dispositions, reporting on results of confirmation, and summary orders attached thereto;

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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2011, the sentence sentence is determined in light of the distance with the previous penal records, the degree of alcohol content in the blood of this case is 0.117%. In addition, comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions indicated in the instant records and arguments, such as circumstances after the crime, the sentence is determined as ordered.