A defendant shall be punished by imprisonment for not less than one year and six 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 April 7, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 7, 2016, and a fine of KRW 5 million for the same crime at the Seoul Central District Court on January 14, 2020.

At around 23:20 on January 26, 2020, the Defendant driven an E 140 vehicle under the influence of alcohol leveling 0.124% from the section of approximately 100 meters of alcohol level to D in the front road in the same city as D in the same city, from the roads adjacent to the mutual influence in Silung City B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a sentence, and the choice of imprisonment (it shall be considered that two times the same kind of punishment, and repeats the crime within a short time, and that there is a high drinking level);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no power to punish any fine other than twice due to running a sound driving);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;