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 January 29, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by the Chuncheon District Court for a violation of the Road Traffic Act, and on August 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court on August 14, 2013.

At around 08:30 on July 27, 2019, the Defendant, while under the influence of alcohol of 0.121%, driven an Epoter II truck from approximately 4 km to the front road of the “D convenience store” located in Yangyang-gun C from the front side of Yangpo-gun to the “Dpo-gun” road.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of the case;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. A investigation report (CCTV and card settlement slip);

1. Investigation report (official application of the Ba mark);

1. Previous records of judgment: Criminal records, inquiry reports, summary order, application of 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting is two times the Defendant had a record of driving alcohol. In particular, even if the victim caused a traffic accident during drinking driving in 2013 and the victim died, the Defendant again driven the instant drinking alcohol, and as such, the Defendant’s liability for the crime is hot, since the level of blood alcohol level at the time was high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.