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 January 28, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Yeongdeungpo-gu District Court's territorial support on January 28, 2009.

On September 29, 2020, the Defendant was under the influence of alcohol of 0.104% in blood alcohol concentration at around 22:50, and was driving B Poter-II in the section of approximately 8km to the front road of the Samgri-ri 185-1, Samgri-ri, Myeongri-ri, the Defendant, at the same time, from the influencies-gu, Young-gu, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. C Police statements: Each investigation report on detection and report on the occurrence of a traffic accident, report on the results of the drinking driving control, report on the circumstantial records of a drinking driver, report on the actual condition of a drinking driver, report on actual condition, and photographs and video CDs of the police station;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

D. Unfavorable circumstances: The defendant's act of committing the crime of this case in spite of the fact that he had been sentenced to a fine in 2009 due to drinking driving, again leads to the crime of this case; the defendant's blood alcohol concentration is considerably high at the time of driving; and the defendant's act of causing a traffic accident in violation of the signal is recognized.