Defendant shall be punished by imprisonment for a term of one year and four months.

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 9, 2008, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch.

Nevertheless, at around 21:30 on October 11, 2019, the Defendant driven a F Kaman car with approximately KRW 500 meters alcohol level 0.085% under the influence of alcohol level 0.085% from the front of the “C” road located in the Gyeong-si, Chungcheongnam-si, Seoul, and the front of the “E” in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2(1) of the Criminal Act on community service and order to attend lectures are the fifth drinking run.

However, all of the above criminal records have long passed since 10 years ago.

In addition, the punishment was determined as ordered by comprehensively taking into account various sentencing factors such as the degree of driving, driving distance, and family relationship.