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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On February 1, 2007, the Defendant was issued a summary order of KRW 3,00,000 for a violation of the Road Traffic Act (refer to the 84th page of the evidence record) by the Chuncheon District Court on February 1, 2007, and finally issued a summary order of KRW 3,000,000 for a violation of the Road Traffic Act (refer to the 87th page of the evidence record), and finally confirmed on September 23, 201 by the same court (refer to the 87th page of the evidence record), and on May 12, 2016, the same court issued a summary order of KRW 7,00,000 for the same crime and became final and conclusive.

(Evidence Records No. 90, 89). On January 19, 2020, the Defendant driven a E-Poter II motor vehicle over approximately 400 meters in the direction of alcohol around 0.207% (see, e.g., Evidence No. 22) of blood alcohol concentration around 22:40 on January 19, 2020.

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. Examination of photographs and the results of crackdown on drinking driving;

1. Previous records: An inquiry letter, details of the progress of the case, and application of statutes concerning outputs of the summary order;

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. Records of evidence that the period of sentencing under Article 62-2 of the Criminal Act of the probation and taking lectures or community service orders leads to six times the criminal records of punishment for driving under influence of alcohol.