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 May 7, 2007, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act (driving). On May 24, 2010, the Defendant received a summary order of KRW 2 million from the Jeonju District Court’s Gunsan Branch to a fine of KRW 2 million for a violation of the Road Traffic Act.

On June 9, 2020, at around 22:27, the Defendant driven a DW car under the influence of alcohol level of about 0.064% from around 200 meters to the front road of Ulsan-gu Ctel, Nam-gu, Seoul-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Court statements, reports on the results of the crackdown on drinking driving and circumstantial statements of the accused, and reports on drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: a dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished four times due to a drunk driving, which is advantageous to the driving of this case.