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 June 16, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

At around 02:30 on April 19, 2020, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.155% in the section of about 50 meters from the roads near the apartment of the Namyang-si, Namyang-si to the roads in front of the Namyang-si, Chungcheongnam-si.

As a result, the Defendant violated the regulations on the prohibition of drunk 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 situation of driving under the influence of alcohol, investigation report, notification on the results of the control of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and photographs at the site of accident

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 to be attached;

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 2010, the sentence sentence is determined by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case is 0.15%; and (c) the risk of drinking driving is realized by causing an accident at the time; and (d) the sentence is determined as ordered by taking into account the following factors: (a) the Defendant’s age, character and conduct, family relationship; (b) motive and means of the crime; and (c) the circumstances after the crime