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 August 16, 2013, the Defendant received a summary order of KRW 3 million from the Southern District Court Branch, and KRW 1.5 million from the Jung-gu District Court on February 6, 2018.

On January 20, 2020, at around 22:05, the Defendant driven a low-speed passenger car under the influence of alcohol by 0.129% of alcohol concentration from a distance of about 400 meters from the front front of the Hocheon-si B apartment in front to the road in Macheon-si C intersection to the road.

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, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports, and other Acts and subordinate statutes;

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 the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

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 violation of the Road Traffic Act around 2013 and around 2018, the Defendant has a record of being sentenced to punishment, the interval with the previous penal records, the blood alcohol content of the instant case reaches 0.129%, and the blood alcohol content of the instant case reaches 0.129%, and two children and other family members are considered, in particular, and the Defendant’s age and character, family relationship, motive and means of the crime, and circumstances after the crime are considered, and the sentence shall be determined as ordered, comprehensively taking into account various sentencing conditions indicated in the instant records and pleadings