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 February 15, 2008, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

At around 12:20 on May 20, 2020, the Defendant driven the E-to-bea while under the influence of alcohol level of 0.237%, and even at the front of the Defendant’s residence in the Gu-si B, the Defendant driven the E-to-bea while driving the D-bea in front of the Defendant’s residential route in Gu-si B.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Accident vehicles and on-site photographs;

1. Previous records of judgment: Inquiries, inquiry reports, investigation reports (verification of sound driving records), and application of a copy of judgment 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 under Article 62-2 of the Criminal Act, even though the Defendant had a record of being punished by a fine due to drunk driving in 2008, was committed the instant crime, and the occurrence of an accident that leads to the shock of the front vehicle during drunk driving.

However, there are the same records and arguments that the defendant recognizes and reflects the crime, but the fact that the defendant has long history is long, the punishment shall be determined as ordered by comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, such as the blood alcohol concentration (0.237%) of this case, the distance of drinking driving, the age and character of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc.