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 27, 2006, the Defendant issued a summary order of KRW 3,50,000,000 as a fine for a violation of the Road Traffic Act, etc. at the Seoul Eastern District Court on February 12, 2013, a fine of KRW 3,00,000 as a fine for a violation of the Road Traffic Act, at the 28th Army Department General Military Court on February 12, 2013, and on November 24, 2017, a fine of KRW 4 million as a fine at the Busan District Court on the same crime.

On December 30, 2019, at around 02:50, the Defendant driven an E-3 vehicle while under the influence of alcohol 0.110% of alcohol level from approximately 800 meters to D’s front road for D commercial buildings through D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same attached power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant’s responsibility is very heavy in view of the following: (a) the Defendant’s reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was punished three times by a fine due to drunk driving prior to the instant case; (b) the blood alcohol level at the time of the instant driving is very high to 0.110%; and (c) the drinking driving is very dangerous criminal that may lead to the life of another person.

However, there are extenuating circumstances such as the fact that the defendant is against his mistake and raises young children.

In addition to the above circumstances, the Defendant’s age, occupation, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, and all of the sentencing factors shown in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered.