A defendant shall be punished by imprisonment for one year.

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 December 26, 2006, the Defendant was issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea.

On October 4, 2019, at around 21:25, the Defendant driven a E E-cub vehicle while under the influence of alcohol content of about 0.154% from the 1km section from the roads near C in Yangju-si, to the roads near D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. The actual condition survey report;

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

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of a summary order for the same type of case), and application of a copy of the summary order 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 Article 62-2 of the Criminal Act is that the accused has been punished for drinking or driving without a license even before the sentence is rendered.

Nevertheless, while driving under the condition of 0.154% alcohol concentration in the blood of the vehicle, it has caused a big accident to shock dump trucks illegally parked on the road.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.