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 May 8, 2017, the Defendant issued a summary order of KRW 1.5 million to a fine for the violation of the Road Traffic Act at the District Court of Jung-gu on May 8, 2017.

On May 15, 2020, at around 21:20, the Defendant driven a d-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. On-site photographs of the defendant's legal statement, inquiry into the results of the crackdown on drinking driving, inspection reports on the state of drinking drivers, and related data;

1. Inquiry reports, investigation reports (verification of suspect's same-class records), application of court rulings and other 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. 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 for providing community service and attending lectures;

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 was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2017, the Defendant committed the instant crime at the same time, and the distance between the previous penal power and the instant penal power does not exist for three years.

At the time of the instant case, the Defendant’s blood alcohol concentration is 0.105%.

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.