Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 20, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act in the Youngcheon District Court’s Young-gu branch.

【Criminal Facts】

At around 10:42 on May 4, 2020, the Defendant driven a Drocketing car with approximately 2 km alcohol concentration of about 0.245% under the influence of alcohol from the 2km section to the roads of the same military branch C.

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. Arrest report, details of enforcement, notification of the result of the drinking driving control, enforcement photographs, circumstantial statements of a drinking driver, report on the circumstances of a drinking driving, and investigation report (the change of the place of drinking);

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant 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. 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 for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.245%, driven a car about 2 km in a state of alcohol.

The defendant has a record of being punished for a fine of five million won due to drinking driving in 2017.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case