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 July 12, 2013, the Defendant was sentenced to a fine of 700,000 won due to a violation of the Road Traffic Act in the credit support of the Suwon District Court on July 12, 2013, and was issued a summary order of 3 million won due to the same crime in the Sungnam branch of the Suwon District Court on September 9, 2013.

On August 1, 2020, the Defendant driven D taxi under the influence of alcohol content of about 0.218% at the section of about 10km from the front road of Taewon-si, Taewon-si, to the front road of the same city C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of the circumstances of driving under the influence of alcohol, notification of the results of crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, consent to blood collection and confirmation, investigation report, seizure records, and report on 112 cases;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (a copy of judgment of the same kind as the accused's case);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a vehicle about 10km while drunk with a blood alcohol concentration of 0.218%.

The Defendant was punished for a fine of KRW 3 million on October 27, 200, for a crime of drinking and unlicensed driving on January 29, 2013; a fine of KRW 7 million on January 29, 2013; a fine of KRW 7 million on July 12, 2013; a fine of KRW 3 million on September 9, 2013; and a fine of KRW 1 million on March 31, 2015.

Such blood alcohol concentration, driving distance, contents and distance of previous punishment power, and the age, character and conduct, family relationship of the defendant.