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

On May 3, 2010, the Defendant received a summary order of KRW 1,500,00 from Daejeon District Court as a crime of violation of the Road Traffic Act (driving).

At around 18:30 on September 13, 2019, the Defendant driven BMW 740Li car under the influence of alcohol 0.187% from the 6km section of approximately 6km to the front road from the 0.187% of blood alcohol concentration, from the Myeoncheon-si, Myeoncheon-do, Gyeongcheon-si, Chungcheongnam-do, Gyeongcheon-do, Chungcheongnam-do, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and a traffic accident report (2);

1. Sponsor photographs by cutting a black stuffe image and by cutting a black stuffe image and then cutting a photograph;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. As a matter of principle, traffic accident reports (1) and traffic accident reports (2) appear to be the victim of an accident, but in full view of the witness C’s circumstantial statement, the defendant was unable to drive normally due to influence of alcohol at the time, and it is deemed that he/she caused an accident in violation of the method of passing through the intersection (see Article 26(1) of the Road Traffic Act) in principle, it is necessary to severely punish him/her in principle.

However, it is against the fact that the accident causes only minor physical damage, and the same criminal record or punishment exceeding the fine.