A 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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 25, 2014, the Defendant received a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on April 25, 201.

At around 02:35 on December 11, 2019, the Defendant operated a F C-W-man car under the influence of alcohol 0.140% alcohol concentration from the front of the “C” road located in the P-W-si, Pakistan to the front of the “E bus stops” road located in D at the P-W-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol density, past records including the same criminal record (a person who has been punished by a fine for drunk driving in 2014), and other various circumstances, such as the background of the instant crime, the drinking driving distance, the age, character and conduct, living environment of the accused, etc.