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 5, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch on April 5, 2010. On March 9, 2012, the Defendant issued a summary order of KRW 7,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court’s Seosan Branch on March 9, 2012. On November 22, 2013, the Defendant was sentenced to imprisonment of KRW 10,000 for a violation of the Road Traffic

On December 10, 2019, at around 09:36, the Defendant driven an Esch Rexton sports cargo vehicle under the influence of alcohol concentration of about 0.085% from the section of about 4km from the front of the Chungcheongnam-si B apartment road to the front of D in the same city C.

Accordingly, the defendant was driving a drinking motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Criminal records: Application of each of the Acts and subordinate statutes of one copy of criminal records, probationary records, verification of criminal records, records of driving under influence of a suspect, judgment, and summary order;

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. Selection of a sentence of imprisonment, taking into account probation, community service order, a majority of the reasons for sentencing under Article 62-2 of the Criminal Act, a criminal record of drunk driving, a record of having been sentenced to a suspended sentence of imprisonment due to drunk driving, etc. In addition, the sentence shall be determined within the scope of discretionary mitigation in light of the aforementioned circumstances, the execution of the sentence shall be suspended, and probation, etc. shall be added in consideration of the possibility of recidivism;