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 May 29, 2013, the Defendant was notified of a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act, and on May 26, 2015, the Defendant was notified of a summary order of KRW 2,00,00 as a fine for the same crime at the same court.

On August 26, 2020, at around 22:50, the Defendant driven a motor vehicle with the highest of 5km in a drunken state with alcohol content of about 0.154% during blood to the front roads of E elementary schools located in Dongdu City D from the Do in front of Dongdu City B.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. (A) The application of an inquiry letter, such as criminal history, and Acts and subordinate statutes confirming driving skills;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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;

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. Although the Defendant was punished as a crime of violating the Road Traffic Act on or around 2013 and around 2015, the Defendant committed the instant crime at the same time. The Defendant’s blood alcohol concentration at the time of the instant case reaches 0.154%.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of this case and the various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.