Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch on October 12, 2012, and on December 19, 2017, the Defendant was sentenced to a fine of KRW 8 million as a fine for a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily

On June 19, 2020, at around 01:40, the Defendant driven a C Sti-type car in the state of alcohol alcohol concentration of about 0.105% from the 4km section of approximately 4km to the roads of Heung-gu Seoul Metropolitan City B apartment at the same time.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and report on the results of the control of drinking driving, 112 case handling table; and

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on attachment of the same type of power) and statutes;

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. Article 62 (1) of the Criminal Act;

1. The crime of driving under the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act is a serious crime that may harm not only the person himself/herself but also the person in a serious manner.

Even though the defendant had been already punished several times due to the violation of the Road Traffic Act, the defendant committed the crime of this case, and the blood alcohol concentration at the time of committing the crime is relatively high.

On the other hand, the defendant recognized the crime of this case and did not repeat the crime in the future and is able to live faithfully.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in pleadings, such as the age, character and conduct, environment, and motive of crime of the defendant.