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

Punishment of the crime

On April 23, 2009, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on April 23, 2009, and on September 7, 2012, the Defendant was issued a summary order of KRW 4 million with a fine for a violation of the Road Traffic Act.

On October 16, 2020, the Defendant driven a E-Poter vehicle at a section of about 1 km from C before Chuncheoncheon-si to the shooting distance in front of D Apartment in the state of alcohol 0.035% of blood alcohol level around 02:01.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, summary orders, etc.;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been subject to criminal punishment on three occasions due to drunk driving, and it is not good that the crime is committed.

However, considering the fact that the defendant is expected not to drive under the influence of alcohol again, etc., the defendant's blood alcohol concentration was relatively lower than 0.035%, the traffic accident occurred due to the crime of this case, and there is no record of criminal punishment exceeding the fine.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.