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 March 23, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the District Court of Jung-gu on March 23, 2015, and issued a summary order of KRW 1.5 million for the same crime at the same court on June 16, 2016.

On December 8, 2019, at around 09:55, the Defendant driven a DNA car with a blood alcohol concentration of 0.030% from around 500 meters to the front road of the Guri-si apartment from the Do in front of the Guri-si Ba, while under the influence of alcohol level of about 500 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (Attachment to a summary order of the same kind of power), 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. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2015 and around 2016, the Defendant was sentenced to punishment. Accordingly, considering that the distance between the previous penal records and the instant case, the blood alcohol content of the instant case is more than 0.030% and the so-called “nurging run,” the Defendant’s punishment is determined as ordered by comprehensively taking into account the following factors: (a) the Defendant’s age and character, family relation, motive and means of the instant crime, circumstances after the crime, etc.; and (b) the various sentencing conditions indicated in the instant records and arguments