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 December 15, 2014, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court due to a violation of the Road Traffic Act (driving).

At around November 21, 2019, the Defendant driven CK7 car under the influence of alcohol with a 0.221% alcohol concentration on the road located around approximately 50 meters in Namyang-si B, 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 situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Requests for appraisal, and inquiry into the results of the regulation of drinking driving;

1. Application of criminal records, reply reports, and summary order 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;

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, who was sentenced to punishment for a violation of the Road Traffic Act around 2014, has the history of being punished, the Defendant: (a) the distance with the previous penal records; (b) the blood alcohol content of the instant case reaches 0.221% (blood collection); and (c) the Defendant, by taking account of the fact that the Defendant caused a traffic accident, such as being driven a bus while driving, has realized the risk of drinking; and (d) other factors of sentencing as indicated in the instant 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.