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 April 24, 2014, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on April 24, 201, and on April 11, 2017, the Defendant was sentenced to a fine of KRW 5 million by the same court as the same crime.

Criminal facts

At around 01:30 on March 1, 2019, the Defendant driven a DNA “D” car with a blood alcohol content of about 0.159% from the 1k-m section to the front road of the “C” convenience store located in Seojin-gu Seoul Metropolitan City, Seojin-gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry records, and the same kind of power;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the Defendant had been punished twice or more due to drinking driving, was also under the influence of drinking driving.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the arguments in this case, such as the circumstances after the crime, the punishment shall be determined as ordered.