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 March 29, 2016, the Defendant was sentenced to a suspended sentence of 2 months for a period of 8 months by committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act.

On January 27, 2020, at around 05:32, the Defendant driven DK5 automobiles with a blood alcohol concentration of about 100 meters from the Do adjacent to C University located in Changwon-si, Changwon-si, Seoul Special Metropolitan City to the front road of the said C University.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Making a report on the control of drinking driving;

1. Investigation reports (a written statement, etc. of control police officers);

1. Investigation report (specific blood alcohol concentration);

1. A survey report (CCTV verification);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was under the influence of alcohol driving and a traffic accident resulting therefrom, even though he had a penal force to suspend the execution of imprisonment once in 2016, was also under the influence of alcohol driving.

혈중알콜농도 0.191%로 수치도 높고, 잔디밭 위에 차량을 세우고 시동을 켠 채 잠을 자고 있다

It was a state of obsation to the extent that it will be controlled.

However, the drinking driving did not cause a traffic accident while driving.

The distance of the vehicle.