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

Some of the facts charged were added in accordance with evidence and applicable provisions of law.

On December 6, 2012, the Defendant was sentenced to suspended sentence for two years, probation, community service order and order to attend a lecture in October, 2010, by a district court of Jung-gu, for the violation of the Road Traffic Act, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Nevertheless, at around 23:00 on October 13, 2019, the Defendant driven a small-top vehicle owned by the Defendant under the influence of alcohol of approximately 110km of alcohol content at approximately 0.078% of alcohol content at the roads in front of the D stations located in the Gyeonggi-gun, Gyeonggi-do, B, and in front of the D stations located in Guang City City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished by a suspended sentence of imprisonment due to a violation of the Road Traffic Act around 2012.

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the distance from the previous punishment history, the blood alcohol level of the instant case, the distance of drinking driving of the instant case, etc., and the Defendant’s age and character, personality and conduct, family relationship, motive, means, and circumstances after the crime.