A defendant shall be punished by imprisonment for not less than one year and six 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 August 21, 2012, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution at Seoul High Court on August 21, 2012, and became final and conclusive around that time. On February 13, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution and became final and conclusive around that time. On October 8, 2008, the Seoul Central District Court was sentenced to 5 million won of fine due to 5 million won of violation of the Road Traffic Act (driving) at the Seoul Central District Court’s Seoul Central District Court’s summary order as well as 3 times of imprisonment.

On June 6, 2020, at around 21:50, the Defendant driven C QM5 car under the influence of alcohol concentration of about 0.154% in the section of approximately 2 km from the Do in the front of the G apartment to the front of the same Gu’s B apartment, from the Do in the vicinity of the Gi-gu Seoul Fungdong sperm Station in Sungnam-si.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, statement on the circumstances of the driver, notification (14 pages of investigation records) of the results of the crackdown on drunk driving (14 pages of investigation records), and investigation report (14 pages of investigation records, and 59 pages of investigation records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a course, driving a vehicle under the influence of alcohol without a license, even though the Defendant was subject to punishment on six occasions, such as a drinking-free driving, drinking-free driving in 2002, around 2005, around 2007, around 2008, and the suspension of the execution of each imprisonment in 2009 and around 2012, and was subject to punishment on six occasions.

This is mainly considered in light of the circumstances, but the defendant shows an attitude to recognize and reflect the error, and the defendant is not guilty of the above.