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

[Criminal Power] The Defendant was sentenced to a fine of KRW 7 million at the Seoul Eastern District Court on May 8, 2015 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 23:00 on July 2, 2019, the Defendant driven an EK3 car at approximately 300 meters from the public parking lot in front of the “Cju store” located in the Gangwon-si, Gangwon-do, to the road in front of the “Durmoto” in the same city, while under the influence of alcohol content of 0.176%. On July 2, 2019, the Defendant driven an E 3 car at the same 20m section from July 23:3, 2019 to the “G in front of the “Durmo” road in the same city, when the Defendant was under the influence of alcohol content of 0.16% of the Hanwon-si, the Defendant driven an E 3 car from around 20 meters to the “G” road in front of the “G” located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the control of drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry records, and application of one copy of judgment;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 for a period of one year to three years;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.176% and 0.116%.

In particular, even though the Defendant received a warning from the police officer that the Defendant would not drive a drinking, it was found that the Defendant was also aware of the police officer's immediately driving while leaving the place.

In 2015, the Defendant was punished for a fine of KRW 7 million due to the crime of drunk driving and causing bodily injury resulting from dangerous driving.

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