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 10, 2012, the Defendant was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (drinking driving) in the support of the Youngcheon District Court, the Defendant was sentenced to a fine.

On November 1, 2020, the Defendant driven a D Span-type car with alcohol content of about 0.185% in blood from around 1.2km to around 17:44 on the front of the Cheong-gun, Gangwon-gu, Seoul, to the front road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending punishment: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car about 1.2 km while under the influence of alcohol content 0.185% in blood.

In 2012, the Defendant has been punished for a fine of KRW 1.5 million due to drinking and driving without a license.

The punishment shall be determined as ordered by comprehensively considering the amount of alcohol concentration, driving distance, contents and distance of the previous punishment records, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime.