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 May 25, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District District Court on May 25, 2010, and was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on December 23, 2014.

On June 4, 2019, at around 19:05, the Defendant driven a bppon car under the influence of alcohol content of approximately 0.172% in a section of approximately 40km from the road near the west of the Haju-si of the Haju-si of the Gyeongju-si, Incheon, a grassland located in the Haju-si of the Manju-si of the Manju-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report, the report on the occurrence of a traffic accident, field photographs, the circumstantial statement of a drinking driver, the notification of the results to a drinking group, and inquiry;

1. Application of Acts and subordinate statutes to criminal records, reply reports, investigation reports (a summary order, etc.);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime; the choice of a criminal sentence

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant committed the instant crime of the same kind despite the past record of criminal punishment on three occasions due to the violation of the Road Traffic Act; (b) the blood alcohol level of 0.172% higher; and (c) the risk of drinking driving, such as shocking the preceding vehicles; (d) there are no special circumstances to consider in the circumstances in which the Defendant was driving at the time of the instant crime; (b) the driving under the influence of alcohol is likely to cause serious damage to another person’s life, body, or property; and (c) the Defendant needs to punish the same accordingly.