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] On April 27, 2016, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (Refusal of Measurement of Drinking Water) at the District Court of Jung-gu District on the summary order.

【Criminal Facts】

On December 13, 2019, at around 22:40, the Defendant driven a car on the Dokdo Dok where the blood alcohol concentration of approximately 0.147% from the 2km section from the front of the building B to the front road of the Namyang-si, Namyang-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2016, the sentence sentence is determined as ordered by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content in the blood of this case reaches 0.147%; and (c) the Defendant’s intent not to repeat the crime; and (d) the Defendant’s desire not to repeat the crime; and (c) other factors of sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, are comprehensively considered.