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 November 30, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Northern District Court for a violation of the Road Traffic Act.

Nevertheless, at around 01:20 on August 13, 2020, the Defendant: from the front of the public parking lot in Pyeongtaek-si in Chungcheongnam-si, Namyang-si to the front day of the 913 Gannyang-si, Namyang-si, the Defendant was under the influence of alcohol by 0.209% of the blood alcohol concentration from the 5km section of approximately 5km from the front of the public parking lot in Pyeongtaek-si, Namyang-si to the front day of the 9

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on the state of the driver, investigation reports (on-site reports on the state of the driver), site photographs, and list of reported cases, 112;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (formers and verifications);

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. Although the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2015, the Defendant committed the instant crime at the same time, and the blood alcohol concentration of the Defendant at the time of the instant case reaches 0.209%.

The punishment as ordered shall be determined by comprehensively taking into account the fact that there is a family member to be supported by the defendant, the age, character and conduct of the defendant, family relationship, motive and means of the crime, circumstances after the crime, and various sentencing conditions shown in the records and arguments of the case.