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

Punishment of the crime

On January 22, 2010, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.

On December 5, 2019, at around 20:0, the Defendant driven an E Sbling consortium car with approximately 700 meters alcohol concentration of 0.256% while under the influence of alcohol at approximately 700 meters from the front of C adjacent to D in Paju City, to the road located D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the written appraisal of blood alcohol concentration, and the inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports;

1. Relevant legal provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of criminal punishment for the violation of the Road Traffic Act, and the blood alcohol concentration is 0.256% high, and the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself, and the corresponding punishment needs to be imposed against the Defendant.

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.