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 December 18, 2006, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on May 27, 2009, from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On July 15, 2020, at around 21:58, the Defendant driven an EM6 vehicle under the influence of alcohol leveling 0.128% from the underground parking lot of C Hospital located in C Hospital B in Chungcheongnam-si, Chungcheongnam-si, to D in front of Guri-si, with approximately 300 meters of alcohol leveling to D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and criminal records, etc.;

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. Even though the Defendant had been punished for a crime of violation of the Road Traffic Act around 2006 and around 2009, the Defendant committed the instant crime, and the blood alcohol concentration reaches 0.128%.

It is considered that the defendant shows his attitude against the defendant, and that the people want to take the action.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.