A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on April 26, 2013, and on April 30, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

On January 20, 2021, the Defendant driven DK5 cars while under the influence of alcohol content of about 0.098% in blood, from around 02:01 to the shooting distance near Seo-gu, Seo-gu, Busan Metropolitan City, Seo-gu, Seo-gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstances of the driver of a driving vehicle and the notification of the results of regulating drinking driving; and

1. Previous convictions in judgment: Application of the respective Acts and subordinate statutes written in reply to inquiry, such as criminal history, one summary order, and one copy of the judgment;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, who was punished for driving under drinking, once again, drives under drinking again, and the drinking level of the crime of this case is relatively high, and the distance of driving under drinking is also long.

However, seven years of leisure has passed since the defendant was punished for drinking driving, and the defendant seems to be against his/her intention not to repeat a crime.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the disposition.

It is so decided as per Disposition for the above reasons.