A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On October 20, 2014, the Defendant was issued a summary order of KRW 4 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

Nevertheless, at around 21:57 on July 11, 2020, the Defendant driven Chydi Q7 car under the influence of alcohol concentration of about 0.048% from the 1km section of approximately 1km to the roads in front of the Seocho-gu Seoul Metropolitan Government, Jin-gu, Seoul Metropolitan City.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and investigation reports (verification of the same type of suspect 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was punished several times, and the same crime was already subject to suspended sentence, but the drinking driving again was conducted. The nature of the crime is heavy.

Therefore, the execution of the sentence is suspended by considering various circumstances such as the fact that the blood alcohol concentration level is relatively low, the carbon source of the people, and the age and family environment of the defendant after committing the crime.

However, in this sense, the period of suspension of execution is five years, and community service is also ordered in the meaning of self-esteem, in the sense that it is seriously warneded that it will not drive under the influence of alcohol.