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

[criminal power] On March 15, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court's Port Support around March 15, 2010, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the same support on September 1, 2010.

【Criminal Facts】

On 08, around 09:20 on 08, 2020, the Defendant driven a Flearning car with approximately 300 meters alcohol concentration 0.219% under the influence of alcohol level 0.219% on the roads near the “C” located in Seocheon-si B to the E neighboring roads in Seocheon-si.

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 status of running a motor vehicle under consideration, report on the status of running a motor vehicle under consideration, report on the status of the motor vehicle under consideration, investigation report, report on appraisal request, and written appraisal of blood alcohol;

1. Reference letters, investigation reports (former department), application of court rulings and statutes;

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. The Defendant who was sentenced to sentence has been punished for a crime of violation of the Road Traffic Act (driving) two times on or around 2010, and this is the third crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is 0.219%.

Other factors such as the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. are considered, and the punishment is determined as ordered in comprehensive consideration of various sentencing conditions shown in the records and arguments.