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 October 24, 2016, the Defendant received a summary order of KRW 1,500,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act.

At around 14:49 on September 7, 2020, the Defendant driven a FM3 car while under the influence of alcohol content of about 0.129% at the section of approximately 1.8km, from the date of “C” located in D, to the intersection lane in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, details of the control, photograph description, statement of the circumstances of the drinking driver, and report on the circumstances of the drinking driver;

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

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 recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a vehicle around 1.8 km while drunk with a blood alcohol concentration of 0.129%.

The Defendant was punished for a fine of KRW 2.5 million due to a drunk driving in 2001, a fine of KRW 1.5 million due to a drunk driving in 201, a fine of KRW 1.5 million due to aless driving in 2017, a fine of KRW 1.5 million due to aless driving in 2017, and a fine of KRW 2 million due to aless driving in 2018.

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) the various sentencing conditions shown in the records and arguments of