A defendant shall be punished by imprisonment for one year.

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

On March 8, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on July 23, 2013, the same court received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

At around 23:10 on September 17, 2019, the Defendant driven C Eccoo vehicle under the influence of alcohol concentration 0.151% on the front road B at Yangju.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, investigation report, notification of the results of the control of driving under the influence of alcohol, and on-site photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (Attachment of a copy of the summary order), and copies of the 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. In light of the fact that the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2003, around 201, and around 2013, the Defendant was subject to punishment for a violation of the Road Traffic Act (Refusal to measure the drinking level), the distance from the previous penal records, the blood alcohol concentration of the instant case exceeds 0.151%, and the driving transaction is over 2m and is under contact with the vehicle to move and make the vehicle drive for mobile parking, taking into account the following factors: the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the order is ordered after comprehensive consideration.