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 October 28, 2011, the Defendant issued a summary order of KRW 2 million at the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On 22:30 on 27:0 on 2020, the Defendant driven a CMW car under the influence of alcohol concentration of about 2m from the front of B in Yangyang-si, the Defendant driven a CMW car under the influence of alcohol concentration of about 0.153%.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A report on internal investigation, etc. and a list of 112 reported cases;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation reports (a copy of the same summary order attached);

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. As the Defendant was punished for a violation of the Road Traffic Act (driving) around 2011, the sentence sentence is determined by comprehensively taking account of the following factors: (a) the interval with the previous penal records; (b) the degree of alcohol content of the blood of this case reaches 0.153%; (c) the degree of driving distance is over 2 meters but the risk of drinking driving is realized by causing an accident; (d) the Defendant’s age, character and conduct, family relationship, motive and means of the crime; and (e) the various sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, are considered.