A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Some of the facts charged were corrected.

On December 15, 2006, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court on December 15, 2006 as a fine for a violation of the Road Traffic Act (driving) and a fine of KRW 1 million from the above court on October 20, 2008.

On June 2, 2019, the Defendant, while under the influence of alcohol at around 02:09, committed a violation of the prohibition on drunk driving by driving a motor vehicle in the middle-sized highway B at approximately 4km away from the 4km section to the road located at a 342.3km in the Seocho-Eup in the same city at the location below the 0.135% alcohol level in Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a traffic accident by drinking driving in around 2006, and even though there was a history of each fine due to drinking driving in around 2008, the defendant driving a vehicle covered only by liability insurance on an expressway in a state of drinking not less than 0.135% of the blood alcohol concentration of the vehicle. Ultimately, the defendant caused an accident that leads to a shock of the separation zone between Done and the center.

This is mainly considered in light of the circumstances, and the defendant shows an attitude to recognize and reflect the defendant's mistake, and there is no other criminal records except for the defendant's previous convictions of six times, including the above previous convictions, and the age of the defendant.