A defendant shall be punished by imprisonment for one year.

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 September 23, 2013, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act from the Jung-gu District Court.

At around 22:00 on October 6, 2019, the Defendant driven an Esch Rexton car under the influence of alcohol concentration of about 2 km from the front of C in Yangju-si to the front of D in Yangju-si.

Accordingly, the Defendant violated the provision that he shall not drive a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A vehicle repair estimate;

1. An accident site photograph;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, reply reports, and summary order issued by the District Court 2013 high-ranking 9910 Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 is that the defendant has been punished several times due to drinking or unlicensed driving even before the sentence is rendered.

Nevertheless, while driving under the influence of 0.167% of alcohol concentration in the second blood, it also caused an accident that conceals the back of the damaged vehicle in the signal atmosphere while driving.

However, the fact that the defendant is recognized as committing a crime, the size of the accident caused by the defendant itself is relatively insignificant, the disposal of the vehicle by mistake that does not drive under the influence of alcohol, and the fact that the defendant is in an economically difficult situation and has family members who should support.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.