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 16, 2017, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.

On November 05, 2019, around 21:40, the Defendant driven an E QM6 vehicle while under the influence of alcohol concentration of approximately 0.089% from the section of approximately 100 meters of alcohol level to the road located in Yangju City from the front day of the Yangju City to the front day of the D Three Vice General.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power, etc.);

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 has been punished for a violation of the Road Traffic Act on or around 2017 and has been punished for a violation of the Road Traffic Act on or around 2017.

Considering the fact that the above punishment power and the instant case have not elapsed three years, and that the blood alcohol concentration in the instant case is 0.089%, the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and the various sentencing conditions specified in the records and arguments, such as the circumstances after the crime.