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 September 19, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, from the Yeongdeungpo Branch of the Daegu District Court on April 1, 2009.

Around 18:25 on January 30, 2020, the Defendant driven DCA110B Obaba in a section of about 80 meters from the front of the Gyeong Young-gun, Chungcheongnam-gun to the front of C while under the influence of alcohol of 0.09% of alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reporting on detection and each investigation report;

1. Notification of the results of the drinking driving control, the report on the state of the drinking driving, the report on the state of the standing of the driving, the detailed inquiry, and the report on polygraphs inspection;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

D. Unfavorable circumstances: (a) although the Defendant had been fined twice due to drinking driving, and again committed the instant crime; (b) the Defendant’s blood alcohol concentration is considerably high at the time of driving; and (c) the Defendant could lead to a serious accident, such as the Oraltobane operated by the Defendant going beyond the road.