A defendant shall be punished by imprisonment for a term of one year and two months.

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

1. On July 21, 2017, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, at a high-level district court in order to support the Defendant’s district court on July 21, 2017.

At around 04:20 on May 19, 2020, the Defendant driven a DK5 car from the front side of the Goyang-dong-gu Seoul Metropolitan City to about 6 km-gu, Yongsan-gu, Busan Metropolitan City, in a state of alcohol of 0.195% of blood alcohol concentration.

2. As a defendant driving a motor vehicle violating the Road Traffic Act, he/she had a duty of care to prevent accidents by accurately operating the steering direction and brakes well.

Nevertheless, the Defendant neglected this and was under the influence of alcohol and was negligent in driving the said vehicle on the front day of the Yongsan-gu E-ro, Yongsan-gu, Seoul, and did not discover the central separation zone of the iron systems installed on the road and received the front part of the Defendant’s driving vehicle.

As a result, the Defendant damaged the central separation zone managed by the Jung-gu Office of Jung-gu to make approximately KRW 3,094,990 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (including a report on the results of the regulation of sound driving), a circumstantial report on a drinking driver (including a report on the results of the regulation of sound driving), and an investigation report (related to physical damage compensation);

1. Photographs of the accident site;

1. Records of drinking driving under judgment: Criminal records, etc. inquiry report and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of sentence, and Article 151 of the Road Traffic Act (the occupation of causing damage to property on duty, the selection of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

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

1. An order to attend a lecture shall be amended on December 24, 2018 according to the demand that the punishment should be strengthened for the latest drinking driving on the grounds of sentencing under Article 62-2 of the Criminal Act.