A defendant shall be punished by imprisonment for one year.

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 November 19, 2012, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on December 16, 2014, respectively.

On October 7, 2019, at around 23:30, the Defendant driven a car in CURBO, while under the influence of alcohol 0.211% of the blood alcohol concentration, the Defendant driven a car in CURBO in a section of about 9 km from the influent land of Jin-Eup in Chungcheongnam-si, Namyang-si to the front road of B in Namyang-si, Namyang-si.

Accordingly, the Defendant violated the provision that he shall not drive a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of blood alcohol;

1. Making inquiries into the results of the influence of drinking driving (Evidence No. 21);

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of drinking records, and application of Acts and subordinate statutes of each summary order;

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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the crime of this case was committed under the condition that the blood alcohol concentration of the second blood 0.211% was very high.

The defendant caused considerable danger to the road and tried to conceal the crime even after the police was discovered.

However, considering the circumstances favorable to the fact that social ties seems clear, such as the fact that the defendant's late crime is recognized, there is a family member to support the defendant, a majority of the people who are the will of the defendant wanting to leave the defendant, etc.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, the environment, and the criminal record.