Defendant shall be punished by imprisonment for a term of one year and two 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 August 8, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) on August 8, 2013, and on September 29, 2017, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of road traffic laws (drinking driving).

On October 04, 2020, at around 02:30, the Defendant driven a vehicle C in the state of alcohol alcohol concentration of about 0.099% from a small joint post office located in 34-ro, Seoul Southern-ro, Seoul, to the front road of the 20K-si, Namyang-si, the Defendant driven a vehicle C in the state of alcohol level of about 0.09%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. References to inquiries, such as criminal history, and application of the provisions of the Act and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

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. The Defendant, who was sentenced to sentence, committed the instant crime even though he had the record of being punished as a crime of violating the Road Traffic Act around 2013 and around 2017.

In other similar cases, a sentence of punishment is chosen.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.