Defendant shall be punished by imprisonment for a term of one year and four 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 September 20, 2007, the Defendant was issued a summary order of KRW 2.5 million with respect to a crime of violating the Road Traffic Act at the Jung-gu District Court on September 20, 2007. On November 5, 2008, the Defendant was sentenced to a suspended sentence of KRW 2.5 million with respect to the same crime in the same court on November 5, 2008. On May 20, 201, the Defendant was sentenced to a summary order of KRW 7 million with respect to the same crime in the same court on May 20, 201. On October 26, 2012, the Defendant was sentenced to imprisonment for two years and six months with labor for the same crime

On September 29, 2020, the Defendant driven a car under the influence of alcohol level of about 0.189% in a section of approximately one kilometer from the Do near Pyeong-gun of Gyeonggi-gu to the roads in front of the departure from the Eup located in Pyeong-gu, Gyeong-gu, Gyeong-gu, Gyeonggi-do.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, reports on the circumstances of the driver involved in the accident, and investigation reports (on the circumstances of the driver involved in the accident);

1. (A) the application of an inquiry letter, such as criminal history, to the same record of the suspect;

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 sentencing under Article 62-2 of the Criminal Act, such as observation of protection and community service and order to attend 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. The Defendant was sentenced to a fine on around 2007, around 2008, and around 2011 due to a violation of the Road Traffic Act (drinking), etc. On around 201, the Defendant committed the instant crime even though he had been sentenced to imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing Vehicles) and a violation of the Road Traffic Act (drawing Vehicles) and committed a violation of the Road Traffic Act (drawing Vehicles).

At the time of the instant case, alcohol concentration in the Defendant’s blood was 0.189% and the risk of driving drinking by causing an accident.