A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 3, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 3, 2009. On September 11, 2012, the same court received a summary order of KRW 4 million as a fine for the same crime. On October 4, 2016, the same court received a summary order of KRW 5 million as a fine for the same crime.

On May 19, 2020, the Defendant driven an Epoter cargo vehicle under the influence of alcohol 0.189% in a section of about 200 meters of blood alcohol level from the front road of the “C” located in Kuri-si B to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the circumstances of a drinking driver, report on the driver’s circumstantial statement, inquiry report on the request for appraisal, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports (A), dispositions not yet made, and results of confirmation;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case even though he had the same criminal record at several times, the defendant has been punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., the defendant's blood alcohol concentration was considerably high, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other conditions of sentencing as shown in the arguments of this case, such as the situation after the crime, etc.