A defendant shall be punished by imprisonment for one year.

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 March 27, 2018, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act by the District Court of the Republic of Korea on March 27, 2018.

On November 9, 2019, around 09:00, the Defendant driven a motor vehicle ECoon in the state of alcohol with approximately 0.046% of blood alcohol concentration at approximately 200 meters in the front of D located in the same city from Guri-si B to the front of D in the same city.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and summary orders;

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, had been punished for a violation of the Road Traffic Act (driving) around 2018, but has a high possibility of criticism in that he committed the instant crime before the lapse of two years.

Considering the fact that the blood alcohol content of the instant case is 0.046% and is the so-called niversative driving case, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, family relation, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions as shown in the records and arguments.