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

[criminal power] On April 26, 2019, the Defendant received a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Daejeon District Court's Support on 2019, and on May 8, 2020, the same court sentenced two years of suspension of execution to imprisonment with labor for the crime of interference with business, etc., and the judgment became final and conclusive on May 16, 2020.

【Criminal Facts】

Although the Defendant was punished as a crime of violating the Road Traffic Act, at around 17:02 on March 31, 202, the Defendant driven a motor vehicle with a DNA window with a alcohol level of about 0:034% from the section of about 50 meters from the adjacent road of the Asan City B hotel in Asia to the front road of the Asan City, Asan City.

Summary of Evidence

1. A statement of the occurrence of traffic accidents under the legal statement E prepared by the accused;

1. Report on the results of the drinking driving control, and that of the drinking driving control, the report on the circumstantial statement of the drinking driver;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and reports on results of confirmation (attached to a summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes (the crime of interference with business stating criminal records in the market)

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

5. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant is punished as a drunk driving, but one year has not passed since he was punished as a drunk driving, and his liability for such crime is less severe.