Defendant shall be punished by imprisonment for a term of one year and two 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

On March 10, 2010, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court on March 10, 201, and was sentenced to a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Jung-gu District Court on November 18, 2014.

At around 21:00 on December 26, 2019, the Defendant driven a motor vehicle by E in the state of under the influence of alcohol 0.177% of alcohol concentration from the front of the “C” restaurant located in the Guri-si B to the front of the Dayang-si, Namyang-si.

As above, the Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, on-site photographs, report on the status of a driver under the influence of alcohol, inquiry into the results of the crackdown on drinking driving, and written appraisal of blood alcohol between countries and water;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind);

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 sentenced to punishment for a crime of violation of the Road Traffic Act around 2010 and around 2014, the Defendant was sentenced to punishment, the distance between the previous penal records and the instant case, and the blood alcohol content of the instant case reached 0.177% and the driving distance reaches 9 km. In particular, considering the Defendant’s age and character, family relation, motive and means of the crime, and circumstances after the crime, the sentence shall be determined as ordered by taking into account various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime.