A defendant shall be punished by imprisonment for not less than one year and six months.

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 May 28, 2018, the Defendant was issued a summary order of a fine of KRW 3 million by the Daejeon District Court for a violation of the Road Traffic Act.

On August 11, 2020, at around 13:17, the Defendant driven an E high-speed vehicle while under the influence of alcohol of about 0.046% of the blood alcohol concentration from the section of around 33.4km to the front road in the same city as C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. A report on internal investigation:

1. Previous conviction: Application of a summary order and the results of inquiry, and 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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

(a) Conditions unfavorable: The fact that the instant crime was committed again for about two years and three months even though he/she was punished for drunk driving, such as a previous conviction, and the fact that he/she eventually causes a contact during drunk driving, etc.;

(b) favorable conditions: The fact that the defendant recognizes the crime of this case and reflects his mistake, and that there is no penalty power exceeding the fine due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.