Defendant shall be punished by imprisonment for a term of one year and four 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 July 10, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court, and on June 19, 2017, the Defendant received a summary order of KRW 4 million for the same crime from the Jungyang Branch of the District Court.

On August 5, 2019, at around 23:10, the Defendant driven an E rocketing car with approximately 0.047% alcohol concentration in the section of approximately 300 meters from the Do in front of a mutually influent restaurant in the Guri-si B market to the front of the D in the same city.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, investigation report, report on the status of a driver under the influence of alcohol, report on the status of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking alcohol

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report, investigation report (Attachment to a summary order for sound driving), and 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. As the Defendant was sentenced to punishment for a crime of violation of the Road Traffic Act around 2008 and around 2017, the Defendant was sentenced to punishment, the distance from the previous penal records, the blood alcohol content of the instant case is 0.047%, and other penal power is 0.047%. In particular, the Defendant’s age and character, family relation, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, including the circumstances after the crime, and the prosecutor’s life penalty (two years of imprisonment) shall be determined as per the order.