A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 9, 2007, the Defendant was issued a summary order of KRW 1 million by a fine at the Seoul Central District Court for a violation of the Road Traffic Act. On July 26, 2019, the Defendant driven a DK7 passenger vehicle owned by C with a blood alcohol concentration of approximately 0.089% at a section of about 60 km in Seoul, the area from the road in front of the domicile of Gangwon Yangyang-gun, Gangwon-gun, Seoul, to the road in the upper south of the Gangwon-gun, Gangwon-do, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report (a photograph attached);

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

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

1. Requests for CCTV image cooperation (ROM attachment);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving by a suspect A);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures: The instant case is ordered by taking into account the following factors: the Defendant’s age, character and conduct, environment, circumstances after committing the crime, and circumstances after committing the crime, etc.: (a) the Defendant, while under the influence of alcohol, was driving on an expressway while causing a single traffic accident in the tunnel, leaving the tunnel, leaving the tunnel without leaving the vehicle alone; and (b) the Defendant was under the influence of drinking driving two times prior to the instant case; (c) the Defendant has been punished for a large traffic accident; (d) the Defendant recognized the Defendant’s crime; (e) the Defendant has no record of punishment for a drunk driving after 207; and (e) the Defendant has no record of punishment for a drunk driving.