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 August 3, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

On July 18, 2019, at around 23:16, the Defendant driven a e-car with a blood alcohol concentration of about 500 meters from the front of the C cafeteria located in Scheon-si B to the front of the D Macheon-si, the Defendant driven a e-car with a blood alcohol concentration of about 0.093% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, and investigation report (report on the state of drinking driving);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. In light of the records and arguments of this case including the Defendant’s age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., the Defendant has been punished on two occasions on one occasion at around 2001 and on one occasion at around 2016, the previous records of punishment, interval with the instant crime, and the blood alcohol content of this case reaches 0.093%. In particular, the Defendant shall determine the sentence as ordered by the order, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime; and (b) the prosecutor’s life penalty