A defendant shall be punished by imprisonment for one year.

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 May 21, 2014, the Defendant was issued a summary order of KRW 5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

At around 02:00 on October 12, 2019, the Defendant driven an E300 car from a section of about 3 km from the B market to the frontway in Gurisi City, while under the influence of alcohol content of 0.186%.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Photographs of each vehicle;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, investigation reports, application of summary order-related Acts and subordinate statutes;

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

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

1. Even before the reason for sentencing under Article 62-2 of the Criminal Act, the defendant has been punished by imprisonment for the same kind of crime, such as drunk driving and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Nevertheless, it also caused an accident while driving in the state of 0.186% alcohol concentration in the second blood.

However, the fact that the defendant is recognized as committing the crime and is against the defendant, that the defendant's consent is not subject to punishment for the defendant, that is again disposed of the vehicle due to a mistake that does not drive under the influence of alcohol, that many of the defendant's prisons want to support the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.