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 30, 2010, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000,00 from the Jung-gu District Court on April 7, 201 as a fine for a violation of the Road Traffic Act, respectively.

On May 14, 2019, at around 01:08, the Defendant driven a car in the Cmea with the alcohol concentration of about 0.189%, from around the roads near the Dogwon-gun to the roads front of the same military hotel from approximately 2.9 km to the roads near the Dogwon-gun Down-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Written estimate;

1. Previous convictions in judgment: The results of inquiry, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times, including imprisonment due to the same kind of crime, such as drinking, unlicensed driving, and refusal to take measurements of drinking even before taking lectures and having previously been sentenced to punishment;

Nevertheless, while driving under the condition of 0.189% alcohol concentration in the second blood, it also causes a big accident that strings and exceeds the pents of the road.

However, it shall be considered in light of the favorable circumstances that the defendant is recognized as committing a crime and reflects the fact that the defendant disposes of the vehicle by a mistake that does not drive under the influence of alcohol, 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.