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 March 31, 2017, the Defendant received a summary order of a fine of KRW 7 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on March 31, 2017

On July 15, 2019, around 03:51, the Defendant driven an EMW vehicle under the influence of alcohol concentration of about 0.229% from a section of approximately 200 meters from the direction of “D” located in the same city from the front of the B apartment in Pakistan to the front of the “D” road in the same city.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident site photograph, and a circumstantial statement of the driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a history of criminal punishment twice due to the violation of the Road Traffic Act, the blood alcohol concentration level is very high, and the risk of drinking driving is realized by shocking the drick, etc. The crime that may cause serious damage not only to himself but also to another person's life, body, or property and that the punishment corresponding thereto needs to be imposed is disadvantageous to the defendant.

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.