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 4, 2008, the Defendant was issued a summary order of KRW 2 million with a fine for the violation of the Road Traffic Act, etc. by the District Court of Jung-gu.

On April 13, 2020, at around 13:50, the Defendant driven a Chand car while under the influence of alcohol of about 0.159% in a 30-meter section of the road in front of the building in Yangyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant’s legal statement, traffic accident report, actual condition report, and circumstantial statement statement;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 Defendant committed the instant crime of driving a motor vehicle under the influence of alcohol concentration of 0.159%, even before the reason for sentencing under Article 62-2 of the Criminal Act.

There was an accident that causes the shock of vehicles parked due to the drinking driving of the instant case.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by 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.