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 September 5, 2014, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch.

At around 02:30 on July 26, 2019, the Defendant driven a BNS car at approximately 4 km section from the front of the Seoul metropolitan village to the lower point of 113.9km in the same Gu from the front of the Seoul metropolitan village to the lower point of 113.9km.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 17,26 of the evidence list);

1. A survey report on actual condition, notification on the results of the control of drinking driving, criminal history records, etc.;

1. Application of Acts and subordinate statutes governing vehicles at the time of enforcement;

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 made again for the reason of sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

Since drinking driving is a very dangerous crime that may cause unexpected conduct to the life and family of others as well as his/her own, it is necessary to strictly punish him/her and prevent him/her from committing such crime.

The blood alcohol concentration of the defendant was considerably high, and the accident occurred due to the driving of the defendant.

The defendant is already a drunk driving as stated in its reasoning.