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 July 6, 2018, the defendant was issued a summary order of a fine of four million won by the Seoul Western District Court for a violation of the Road Traffic Act.

Around 16:00 on January 11, 2020, the Defendant driven B nose or car at a approximately 10km section, including a point of 26.4 km in the direction of the side intersection in the Gui-si, Annguan-si, Anngue-si, Anngu, Anngue-dong, Seoul, with a blood alcohol content of 0.076%.

Accordingly, the defendant was driving not less than twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

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

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. The Defendant, who was sentenced to sentence, was punished for a crime of violation of the Road Traffic Act (driving) around 2018, and is a crime within two years from the instant case.

Considering the fact that the blood alcohol content of the instant case is 0.076% and the existence of other punishment records, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.