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 16, 2011, the Defendant issued a summary order of a fine of three million won at the Seoul Northern District Court due to a violation of the Road Traffic Act (driving) and the same year.

9. 15. The summary order is finalized; on February 7, 2017, the same court issued a summary order of a fine of five million won for the same crime, etc. and on February 7, 2017, and the same year.

9. 15. The summary order became final and conclusive.

On October 22, 2019, the Defendant, while under the influence of alcohol level of 0.087% from blood alcohol level around 22:19, the Defendant was in violation of C SP car driving two times or more by driving about about 4km from the front side of Geumyang-si to the front side of the Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 for providing community service and attending lectures;

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 sentenced to punishment for a crime of violation of the Road Traffic Act around 2011 and around 2017, considering the distance from the previous penal records, and the blood alcohol concentration in the instant case is 0.087%, the Defendant’s age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime, the sentence shall be determined as ordered by comprehensively taking into account the various sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, character and conduct, family relation, motive and means of a crime.