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

On April 30, 2010, the Defendant was sentenced to a fine of KRW 2,50,00 as a violation of the Road Traffic Act (driving) by the District Court of Jung-gu.

On July 9, 2019, at around 18:29, the Defendant driven D SP vehicle with a blood alcohol concentration of about 0.097% in the section of about 19km from the front of the Namyang-si to the front of the Namyang-si, Namyang-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs and field map;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for the same kind of crime, such as drunk driving and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before.

Nevertheless, while driving a vehicle under the influence of 0.097% of alcohol concentration in the blood of the vehicle, it has caused an accident that conceals the damaged vehicle from the rear.

However, the fact that the defendant is against the defendant's recognition of the crime, the accident itself is minor, and the fact that the defendant's vehicle is covered by the comprehensive motor vehicle insurance shall be considered in favor of the defendant's vehicle.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.