A defendant shall be punished by imprisonment for two years.

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 October 19, 2014, the Defendant issued a summary order of KRW 5 million to a fine of KRW 1 million at the Suwon District Court for a violation of the Road Traffic Act, and on August 30, 2018, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court.

On November 13, 2019, at around 05:40, the Defendant driven a car under the influence of alcohol level of about 0.154% in a section of about 5 km from the Budio in Chungcheong City to the C apartment parking lot in Chungcheong City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Hearing statements by telephone from a police officer dispatched to the scene;

1. Criminal records: Application of each of the Acts and subordinate statutes of one copy of criminal records, reference reports (A), judgment, and 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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture is very high to 0.24% and 0.297% of blood alcohol during the previous drunk driving. In this case, the crime is repeated in a short period and is highly high to risk of recidivism in light of these circumstances. In addition, the sentence of imprisonment is to be suspended in consideration of the criminal records (not having the record of punishment for other crimes than the fine for drunk driving), Defendant’s age and occupation, circumstances after the crime, and other sentencing conditions, and probation, etc. to prevent recidivism.