A defendant shall be punished by imprisonment for not less than 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 October 10, 2006, the Defendant issued a summary order of KRW 3 million for a crime committed while under the influence of alcohol at the Busan District Court on August 18, 2006, for a fine of KRW 0.173% for a violation of the Road Traffic Act (driving). On November 14, 2006, the same court issued a summary order of KRW 2 million for the same crime committed while driving under the influence of alcohol on August 3, 2006. On October 11, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime.

【Criminal Facts】

On May 30, 2020, the Defendant, while under the influence of alcohol at around 0.181% of blood alcohol concentration, driven a low-speed car from around 2.4 km to the F apartment G-dong parking lot via the “E” road located in Gangwon-gu Seoul Metropolitan Government B through the front road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (specific distance from driving under influence of a suspect);

1. Examination report on actual condition, report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. On-site photographs, etc.;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of sound driving);

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture, despite the fact that the defendant had been subject to criminal punishment on three occasions due to drunk driving, causes a traffic accident that leads to the parked vehicle while running a drunk driving, and the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, the fact that the defendant does not drive under the influence of alcohol again, and thus his mistake is pened and reflected in depth, and is related to the driving under the influence of alcohol by the defendant.