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

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 January 8, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court (hereinafter “Seoul District Court”) and a summary order of KRW 4 million for the same crime at the same court on November 4, 2016, respectively.

Criminal facts

On July 23, 2020, at around 08:46, the Defendant driven an E-motor vehicle under the influence of alcohol level of 0.108% in a section of approximately 200 meters from the front road of the Daegu Suwon-gu B “C” to the neighboring road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.

The blood alcohol concentration is also very high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

In the future, it is possible to dispose of the vehicle and not drive it again.