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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On July 14, 201, the Defendant issued a summary order of KRW 2 million at the Jung-gu District Court for a crime of violation of the Road Traffic Act (driving). On June 12, 2015, the Defendant issued a summary order of KRW 2 million at the Jung-gu District Court for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 21, 2020, at around 23:25, the Defendant driven a FM5 vehicle under the influence of alcohol content 0.147% while under the influence of alcohol level 0.147% from the front of the C convenience store in Scheon-si B to the front of the “E industrial company” in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Investigation report (the area specified in the place of departure from a sound driving);

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes of an investigation report (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished for the violation of each Road Traffic Act in 2011 and 2015.

Considering the interval and frequency with the previous punishment history, and the fact that the amount of alcohol concentration in the blood of this case is considerably high to 0.147%, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the records and arguments.