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

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

[criminal power] On November 26, 2007, the Defendant received a summary order of KRW 2.5 million from the Gangnam Branch Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million from the Young Branch of the Chuncheon District Court due to the same crime, etc. on April 30, 2010.

【Criminal Facts】

As above, the Defendant had been punished for the violation of the Road Traffic Act two times, but around July 8, 2019, the Defendant driven an Erocketing car under the influence of alcohol leveling 0.206% of alcohol leveling from approximately 4km to the road in front of the Defendant’s residence located in Gangnam-si B to the “D” restaurant located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. The actual condition survey report and photographs of the accident site;

1. Previous records before ruling: Criminal records, inquiry reports, confirmation of criminal records, application of summary order-related 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The running of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant committed the crime of drinking alcohol in this case even though he/she had been punished twice prior to the instant case; the Defendant committed the crime of drinking alcohol in this case; the Defendant’s blood alcohol concentration was very high at the time of the instant case; the Defendant committed a traffic accident while driving under the influence of alcohol; the Defendant recognized the instant crime; and there was no record of punishment exceeding the fine for driving under the influence of alcohol; and the Defendant was not punished.