A defendant shall be punished by imprisonment for not more than ten months.

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 April 27, 2011, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Changwon District Court on September 1, 2014 to a fine of KRW 5 million due to a violation of the Road Traffic Act.

Criminal facts

On May 11, 2019, at around 22:48, the Defendant driven a DNA truck under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.095% from a 100-meter section to the front of a restaurant located in B, the main office located in the name of Sungwon-si, Changwon-si, Sungwon-si.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking at least twice.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has been committed without being aware that the Defendant had been punished twice or more due to drunk driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

The previous department was sentenced to a fine prior to the whole years.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.