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 July 10, 2007, the Defendant issued a fine of one million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 10, 2007, a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court's Support for the Incheon District Court on November 30, 2007, a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court's Support for the Incheon District Court on December 29, 2010, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on April 29, 2013.

On November 7, 2019, around 21:36, 2019, the Defendant transled the car volume from the cafeteria B located in Seo-gu, Seoan-gu, Seocheon-gu to the road front of the E Convenience located in D to a approximately 200m section, while under the influence of alcohol concentration of about 0.030%.

Accordingly, the defendant, who violated the drinking driving at least once, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (report on attachment of the same type of power judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., conditions of sentencing favorable to reasons for discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend a lecture is high possibility of traffic accidents and thus, it is very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the occurrence of traffic accidents. In order to prevent such crimes, the defendant is bound to bear strict responsibility for the acts related thereto. Although there are several penalties for fines due to drinking driving, such as the records of criminal facts in the judgment, the defendant has a structure installed in India to commit the crime of drinking driving in this case.