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 January 17, 2014, the Defendant received a fine of KRW 3 million for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site, and a fine of KRW 3.5 million for the same crime in the same court on December 16, 2016, respectively.

On January 31, 2020, at around 04:50, the Defendant driven D 130 automobiles under the influence of alcohol alcohol concentration of about 3.4 km from around 0.4m to about 0.116%, under the influence of alcohol level of about 0.116%, from the place near “C” located in Pyeongtaek-si B, to the same luxal e-gic e-galian 435-31.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes governing attached data;

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

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

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

Unfavorable circumstances: The fact that a person drives under the influence of alcohol again after having been sentenced to a fine twice due to a drunk driving, and the circumstances favorable to the fact that the degree of blood alcohol concentration is not low at the time of detection: The fact that the person recognizes the crime and reflects it.