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 January 14, 2011, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on July 15, 201.

On January 21, 2020, the Defendant, while under the influence of alcohol at 0.126% of blood alcohol concentration, driven the E-Poter Ⅱ in a section of approximately 100 meters from the front of the cafeteria “C” restaurant in Yangju-si to the front of the D apartment road in the same city.

As a result, the Defendant violated the prohibition of drunk driving more than twice.

Since there is no substantial disadvantage in exercising the defendant's right of defense, some of the phrases of the facts charged were added in accordance with the applicable provisions of law.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing 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. 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. Determination of sentence: One year of imprisonment, two years of suspended execution, despite the fact that the defendant had been punished twice as a crime of violation of the Road Traffic Act (driving) around 201, the punishment shall be determined as ordered by the order, comprehensively taking into account the records and arguments of this case, including the previous penal records and the time interval between the previous penal records, the degree of blood alcohol (0.126%) and the distance of drunk driving (100m) of this case, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant’s age and character, family relationship, motive and means of the crime, and circumstances after the crime.