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 September 19, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu, 2017.

Nevertheless, at around 17:00 on July 6, 2020, the Defendant driven Dpoter 2 cars while under the influence of alcohol content of about 0.169% from the 4km section of the Namyang-si B apartment C-dong parking lot in Namyang-si, Namyang-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map and photographs, and circumstantial statements of the driver, etc.;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (formers and verifications);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 providing community service and attending 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, at around 2002 and around 2017, committed the instant crime at the same time at the time when three years have not passed since the last penal power, even though he had the record of being punished for each of the crimes of violation of the Road Traffic Act (driving). The blood alcohol concentration also exceeds 0.169%.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.