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 June 7, 2002, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on October 15, 2014 to a fine of KRW 4 million for a violation of the Road Traffic Act in the Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s Young-gu Branch on October 15, 201.

At around 11:50 on October 30, 2019, the Defendant driven an E-high-est car from the front side of the road located in the Gungjin-gun B, Chungcheongnam-do, in a state of alcohol of about 0.226% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, and each red inquiry;

1. Each photograph;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the probation, community service order, and the order to attend lectures shall be faithfully observed.

Unfavorable circumstances: Although the defendant had been sentenced twice due to drinking driving, he/she again committed the crime of this case; the defendant's blood alcohol concentration is very high at the time of driving; and the occurrence of an accident that shocks another vehicle in driving.