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 April 20, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch of the District Court.

On December 27, 2019, at around 04:08, the Defendant driven a DNA car with a alcohol level of about 2 km from the 2km section to the front road of the “C elementary school” located in the Namyang-si, Namyang-si. B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of his/her driver under consideration, and investigation report;

1. Application of Acts and subordinate statutes of one copy of a report on criminal records, etc., investigation report (verification of the same kind of power), and summary order;

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;

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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2016, the sentence sentence is determined by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the blood alcohol content of the instant case was 0.089% and was discovered while leaving a vehicle driven on the road; and (c) the Defendant’s age, character and conduct, family relationship; (d) motive and means of the crime; and (e) the various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, are comprehensively considered.