A defendant shall be punished by imprisonment for two years.

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 September 24, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

On November 10, 2019, around 01:45, the Defendant driven an EM7 vehicle while under the influence of alcohol of about 0.145% with a blood alcohol concentration from around 20 meters to about 0.145% in the direction of “Cju shop” in Asan City B.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the site photograph of the accident, the notification of the control of drinking driving, the inquiry into the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of replys to inquiries, such as criminal records, investigation reports (verification of past record of punishment for driving);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

In the past, even though the defendant was fined once due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

The blood alcohol concentration measured is considerably high by 0.145%.

However, the defendant recognizes his mistake and is against his will.

There is no criminal punishment except once a fine due to a drunk driving.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.