A defendant shall be punished by imprisonment for two years.

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 November 27, 2015, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on November 27, 2015.

Around 22:20 on August 23, 2019, the Defendant driven a DNA rocketing car while under the influence of alcohol of about 0.153% of blood alcohol concentration at approximately 10m sections adjacent to the road parking lot B and C cafeteria, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. An accident site photograph;

1. Criminal records: Criminal history records, inquiry reports (A), investigation reports (verification of criminal records of a suspect for the same kind of drinking driving), and application of two Acts and subordinate statutes in 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. Article 62 (1) of the Criminal Act;

1. Selection of imprisonment is to be made by taking into account the following circumstances: probation, community service order, and order to attend a lecture, the high level of alcohol alcohol content, and the fact that a person was sentenced to several criminal punishments including imprisonment with prison labor due to drinking alcohol or bodily injury, etc. In addition, considering the background of the crime, the period of recidivism, criminal records, circumstances after the crime, and other sentencing conditions, the execution of the sentence shall be suspended, and probation, etc. shall be added in consideration of the possibility of recidivism, etc.