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 of the final judgment.

Punishment of the crime

On June 27, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch. On April 1, 2008, the Defendant issued a summary order of KRW 3.5 million for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act (driving) in the Ansan Branch of the Suwon District Court's Busan District Court's Branch.

On September 28, 2019, at around 01:13, the Defendant driven a diversous car from around 800 meters from the front day of Seocheon-si to the front day of Seocheon-si, Seocheon-si, with a blood alcohol concentration of 0.081%.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. Previous convictions: Application of a copy of summary order, crime and investigation record materials to the Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

In light of the fact that the reason for sentencing is likely to cause serious damage to another person's life, body and property, and that there is a need for punishment corresponding to the criminal liability, and that the defendant has already been punished for drunk driving, it is inevitable to sentence imprisonment corresponding to the criminal liability.

However, the sentence shall be determined as ordered by comprehensively taking into account the records of this case and the sentencing conditions shown in the trial process, such as the fact that the defendant is recognized to commit the crime, the degree of blood alcohol concentration, the distance of drunk driving, the time interval between the previous drinking driving and the previous drinking driving.