A defendant shall be punished by imprisonment for two years.

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 May 26, 2017, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million by the same court on November 3, 2017.

Nevertheless, at around 03:40 on December 11, 2019, the Defendant driven an EK9 vehicle while under the influence of alcohol 0.081% in a section of about 200 meters from the front of the building B, to the front of the D, located in the same city C.

Accordingly, the defendant was driving a drinking motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal records, inquiry reports (A), verification of criminal records, records of driving under influence of a suspect, and application of Acts and subordinate statutes attached to summary orders;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture three-year period of sentencing under Article 62-2 of the Criminal Act repeats a short term of imprisonment with prison labor, taking into account such circumstances. In addition, the sentence shall be suspended by determining the details of the crime, blood alcohol concentration, crime history, circumstances after the crime, and other sentencing conditions; however, probation, etc. shall be added to prevent recidivism.