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 December 8, 2016, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act by the Jung-gu District Court on December 8, 2016.

At around 00:50 on July 19, 2019, the Defendant driven an Espactba car with a blood alcohol concentration of about 0.141% at a section of about 300 meters from the Do in front of D to the front road located in Gyeonggi-gun B.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site photographs (15 copies);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order with the records of sound driving), and application of statutes by a summary order;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the records that the accused was indicted or accused for the same kind of crime such as drinking or driving without a license even before the sentence is rendered;

Nevertheless, the crime of this case was committed while the road signs installed on India, which were being driven under the influence of 0.141% of the blood alcohol concentration in the second blood, have been destroyed by shocking and destroying the road signs, and leaving the site as they are.

In light of the route of the defendant's vehicle immediately before the accident and the contents of the accident, the defendant seems to have taken a considerable position.

It is necessary to punish the defendant strictly.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the law, and that the defendant has restored the damage to its original state.

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.