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 August 29, 2016, the Defendant received a summary order of KRW 5 million from the Seoul Northern District Court as a crime of violating the Road Traffic Act.

At around 08:50 on January 19, 2020, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of about 0.111% at the section of approximately 9km from the Do in front of the “C cafeteria” located in Pyeong-gun B to the front of the “E” located in Pyeong-gun D.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the detection of drunk driving and report on the situation of drunk driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (report accompanied by a summary order of the same kind of power of a suspect);

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 for the violation of the Road Traffic Act around 2016.

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the distance with the previous penal force as above, the blood alcohol level of the defendant, the age and character of the defendant, family relation, the motive and means of the crime, and the circumstances after the crime.