A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 16, 2006, the Defendant received a summary order of KRW 3 million from the Ulsan District Court due to a violation of the Road Traffic Act.

On August 4, 2020, at around 00:02, the Defendant driven a D low-speed car while under the influence of alcohol leveling 0.181% from the front side of the B apartment in Chungcheongnam-gun, Chungcheongnam-gun, North Korea, to the front side of C.

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

Summary of Evidence

1. Investigation report of the defendant's legal statement (report on the circumstances of the driver);

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking and driving, reports on the circumstantial statements of drinking drivers, and photographs of the vehicle register; and

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: Although the Defendant had been sentenced to a fine in 2006 due to drinking driving, again commits the instant crime; the Defendant’s blood alcohol concentration is considerably high at the time of driving; the Defendant’s two vehicles parked by the Defendant are shocked by shocking the two vehicles of other vehicles; and the Defendant was not present at his own discretion on the previously declared date; and other favorable circumstances considered: The Defendant committed the instant crime.