A defendant shall be punished by imprisonment for one year.

except that 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 December 29, 2010, the Defendant issued a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on April 26, 2011.

Nevertheless, at around 14:23, December 30, 2019, the Defendant driven an Oralb while under the influence of alcohol 0.069% of alcohol concentration at approximately 1.5 km from the front of the rice field located in Hap-gun B to the front of the D, located in C.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the situation of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same criminal records of a suspect);

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 provides that the nature of the crime is not that of driving under drinking again even though having been punished several times due to the reasons for sentencing under Article 62(1) of the Criminal Act.

Therefore, the execution of a sentence shall be suspended only once in consideration of all the circumstances such as the defendant's age, sex, family environment, etc.