Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 4, 2006, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 4, 2006, and on June 11, 2009, sentenced to a suspended sentence of 10 million won by imprisonment with prison labor for the same crime at the Seoul Northern District Court.

On October 2, 2019, at around 08:00, the Defendant driven a C Sspke car at the section of approximately 8.7km from the Gangwon-gun Belel to the same military air route 902-9, and from the section of approximately 8.7km in private-dong bus stops, while under the influence of alcohol at 0.0% of blood alcohol concentration (the result of blood collection).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and written appraisal of blood alcohol;

1. The application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), inquiry report on the results of the control of drinking driving ( October 19, 2006), inquiry into the results of the control of drinking driving ( March 20, 2009);

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. 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. Since the Defendant was sentenced to punishment for the violation of the Road Traffic Act (driving) around 2006 and around 2009, the Defendant considered that the distance from the previous penal records, the blood alcohol content of the instant case is merely 0.032%, and so-called the so-called night-driving matter. In particular, considering the Defendant’s age and character, family relation, motive and means of a crime, circumstances after a crime, etc., the sentence shall be determined as per the disposition, by comprehensively taking into account various sentencing conditions as shown in the records and arguments, such as the following: