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 December 3, 2007, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court due to the crime of violation of the Road Traffic Act.

On November 2, 2019, at around 00:50, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of about 0.186% from the section of about 5km from the front of Pakistan to the front of C in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the actual condition report of the driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (suspects' previous records and attachment);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime despite the record of criminal punishment for the violation of the Road Traffic Act.

The risk of traffic accidents was realized by raising the blood alcohol concentration of 0.186% and shocking the wall in the front bank without avoiding the wall.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.