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 June 20, 2011, the Defendant issued a summary order of KRW 3 million at the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).

Nevertheless, at around 03:25 on February 12, 2020, the Defendant driven a Bwing-III truck with a blood alcohol level of 0.169% under the influence of alcohol level of 0.169% at the section of about 2 km from the front of the underground parking lot of the apartment site of the petitioner-gu, Cheongju-si to the 191-3 off-dong, Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (verification of the same kind of power);

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;

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 requires a strict punishment of the defendant when considering the fact that the defendant committed a crime of drinking alcohol again even though he/she had a previous conviction twice, and caused a traffic accident.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and commits an erroneous act; (b) the previous offense committed before 201 and was punished by a fine; and (c) the Defendant has no other criminal record except before and twice before and after the above drunk driving and the unlicensed driving; (d) the blood alcohol density and driving distance of the instant case; and (e) the Defendant’s age, character and conduct, and conditions of sentencing specified in the instant records and arguments, including the circumstances before and after the instant crime, the sentence shall be determined as per Disposition.