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 22, 2011, the defendant was issued a summary order of KRW 2.5 million by the District Court of Jung-gu for the crime of violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving, on January 5, 2020, at around 21:45, the Defendant driven an EK7 vehicle under the influence of alcohol leveling of about 0.060% from the 1km section from the front of the “C” road located in Speaker-si B to the front of the D apartment road in Speaker-si on the same day at around 21:50 on the same day.

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 report on the results of the control of drinking under the influence of alcohol;

1. Application of Acts and subordinate statutes on criminal records, reply reports on criminal records, investigation reports (verification 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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2011, the sentence sentence is determined in light of the distance with the previous penal records, particularly the fact that the blood alcohol concentration in the instant case is 0.060%, taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the instant records and arguments.