A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

【2019 Highest 802】 The Defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Chuncheon District Court on August 7, 2007, and was sentenced to a suspended sentence of 2 years in October, 2017 by the Chuncheon District Court on December 14, 2017.

On August 22, 2019, at around 06:55, the Defendant driven a F truck with approximately 1.2 kilometers from the public parking lot located adjacent to C in Gangwon-do, Gangwon-do, to the front road in the same group D, while under the influence of alcohol of 0.066% of blood alcohol level.

[1] No person shall transfer or acquire any means of access for electronic financial transactions]

Nevertheless, at around 15:00 on July 26, 2019, the Defendant transferred the physical card and password, which is a means of access linked to the I Bank Account (Account Number J) opened in the name of the Defendant, to the party in default of name.

Summary of Evidence

【2019 Highest802】

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the results of the control of drinking driving and the results thereof, the report on the circumstances of drinking drivers, the investigation report (report on the circumstances of drinking driving), the criminal record inquiry report, and the investigation report (report on the same kind of power) 【2019 Highest 1070】

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to K;

1. Application of Acts and subordinate statutes concerning the details of monetary transactions and Kakao dialogue;

1. Relevant Article 148-2 (1) or 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of means of access);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation appears to have shown the attitude of the defendant who recognized all of his/her crimes and reflected his/her crimes, and is a drunk driving.