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 22, 2006, the Defendant was notified of a summary order of KRW 1 million by the Seoul Northern District Court due to a violation of the Road Traffic Act.

On December 27, 2019, at around 22:03, the Defendant driven an Etoscar car while under the influence of alcohol of about 0.066% of alcohol content from around 500 meters to the front road of the D Middle School located in Scheon-si C from a singingdo in which it is impossible to know the trade name in Singcheon-si B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of the drinking driver's standing, the investigation report, and the report on the state of drinking driving;

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

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. Since the Defendant was punished for the crime of violation of the Road Traffic Act around 2000 and around 2006, considering the distance from the previous penal records and the degree of alcohol content of this case 0.066%, the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, family relation, motive and means of the crime.