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 April 2, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,00,000 by the Jung-gu District Court on April 2, 2012, and a summary order of KRW 5 million with the same court on August 16, 2013 due to a violation of the Road Traffic Act (driving).

Criminal facts

On July 20, 2020, at around 21:35, the Defendant driven a D Unmanned car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.070% from the 50-meter section from the roads adjacent to the store of mutual influence in Namyang-si, Namyang-si to the roads prior to the Namyang-si, Namyang-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 detection (violation of the Road Traffic Act), report on the state of the driver's license and statement, and investigation report (report on the state of the driver's license);

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports (A), dispositions, previous records, and results of confirmation;

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. The Defendant, on or around 2006, around 2012, and around 2013, committed the instant crime even though he had the record of being punished as a crime of violation of each Road Traffic Act.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.