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 January 30, 2009, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the District Court on March 30, 2009, and on November 4, 2013, the Defendant was sentenced to a suspended sentence of KRW 1,50,000 to a fine for the same crime.

On October 29, 2019, the Defendant, while under the influence of alcohol on 0.143% of blood alcohol concentration, driven an Eone Star Cargo from approximately 30 meters to the “D” road located in the same Si from Echeon-si to E.C.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and the report on the situation of a drinking driver;

1. Response to the request for appraisal;

1. Previouss before and after judgments: Criminal records, inquiry reports, confirmation of the same kind of power, judgment, and application of Acts and subordinate statutes governing summary orders;

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 reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and lecture attendance order was three times, and the defendant again driven a drinking alcohol again, and the blood alcohol concentration at the time was relatively high.

However, the defendant's drinking distance is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.