A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On May 29, 2018, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Gyeyang District Court.

【Criminal Facts】

On May 13, 2020, at around 05:59, the Defendant driven CK 3 cars while under the influence of alcohol concentration of about 0.069% from the 30km section to the front road of Gangdong-gu Seoul Metropolitan Government, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the state of his oral statement, and notification of the result of the drinking driving control;

1. Previous records: Application of the Act and subordinate statutes on inquiry inquiry records, such as criminal records, and the list of KICS-related cases;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, circumstances after committing the crime, etc., and all the conditions of sentencing as shown in the records and arguments.

In 2018, the Defendant had been punished for two years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, but was also punished for two years of suspended execution during the period of suspended execution.

Although the blood alcohol level at the time when the defendant was discovered was merely 0.069% as stated in the facts constituting the crime, considering that the defendant driven the vehicle in the state of drinking, and then considerable time has already elapsed until the control police officer was discovered.