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 November 13, 2008, the Defendant was issued a summary order of KRW 5,00,000 with a fine for the violation of the Road Traffic Act (driving) at the District Court of Jung-gu.

On March 14, 2020, at around 14:10, the Defendant driven a D observer car under the influence of alcohol concentration of about 0.182% in the section of approximately 2km from the front of the cafeteria located in the Jinhae-si, Changwon-si to the front of the C convenience store located in the Jinhae-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previouss before judgment: Criminal history records, reply reports, and the application of Acts and subordinate statutes of summary order (Evidence No. 22);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 the grounds of the order to provide community service and attend lectures is likely to lead to traffic accidents in the event of drinking driving by affecting people's physical ability, and the risk of recidivism is high for drinking driving.

Although the Defendant had had been punished twice due to drinking driving including the previous record of the judgment, he again driven under drinking without the awareness of the danger of drinking driving, and caused a traffic accident by negligence due to the influence of drinking, which caused the negligence of neglecting the duty of driving under the influence of drinking.

At the time of detection, according to the status and the degree of the principal of the defendant, the defendant was driving in the state of being taken.

However, the defendant is against the crime of this case, and the defendant does not repeat the crime of this case by scrapping his vehicle after the crime of this case.

In the meantime, the Defendant was not punished for a fine exceeding a fine due to drinking driving.

In addition, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, health condition, motive of the crime, and circumstances after the crime, shall be considered.