A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 26, 2019, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (driving alcohol) at the Jeonju District Court’s Eup branch on March 26, 2019. On October 7, 2020, the Defendant driving a vehicle B1 ton, while under the influence of alcohol leveling about approximately 600 meters from the road front of the underground roadway located in Geumnam-si, Taenam-si, Sejong-si, Sincheon-do to the high-priced road in the same Eup.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The next inquiry (B);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and application of statutes of the summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was driving cargo vehicles under the custody of the Defendant, resulting in an accident following India.

In consideration of the fact that alcohol concentration in blood is very high, the fact that an accident has been paid, the driving distance is short, the defendant's records of the same crime [the fine of KRW 1 million on February 26, 2003 due to driving of alcohol, KRW 2 million on March 26, 2019], and the fact that the health of the defendant is not good, such as receiving three-time notes per week in old age, etc., the execution of the sentence shall be suspended on the condition that the order to attend education is issued.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances after the crime, etc., all the sentencing conditions specified in the arguments in this case shall be determined in the same manner as the order.