A defendant shall be punished by imprisonment for one year.

except that 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

In Daegu District Court, the Defendant received a summary order of KRW 1.5 million on June 21, 2012, and a summary order of KRW 2.5 million on January 28, 2013.

On June 20, 2020, at around 20:05, the Defendant driven Done Star Co., Ltd., while under the influence of alcohol leveling 0.188%, the distance of approximately 1m from the road adjacent to C in Busan Metropolitan City.

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

Summary of Evidence

1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;

1. Reports on the statement of the situation of a drinking driver, and photographs of the accident scene as a result of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports on criminal records, application of Acts and subordinate statutes to prosecution investigation reports;

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. Although Article 62(1) of the Act on the Suspension of Execution has been twice the history of punishment for driving under the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, in view of the fact that the current Road Traffic Act, which greatly strengthened the regulatory standard and statutory punishment due to the social demand to eradicate the harmful effects of driving under the influence of alcohol, re-driving the drinking again after the enforcement of the Road Traffic Act, and that the blood alcohol concentration level much exceeds the revocation standard, it cannot be deemed that the punishment is less strict: Provided, That in light of the fact that there are circumstances that make it possible to take account of driving circumstances after arrival of the place in the judgment through the substitute driving, it is clear that there is no more criminal history than imprisonment without prison labor, the enforcement of the punishment is suspended by taking into account the fact that there is no history of punishment than imprisonment without prison labor, the Defendant’s age and family relationship, etc., and the risk of repeating the crime is unlikely.