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 July 18, 2012, the Defendant was sentenced to a fine of six million won by the Incheon District Court as a crime of violating the Road Traffic Act.

On March 11, 2020, at around 00:48, the Defendant driven BK5 car at the section of about 15km from the 15km to the flown route (the government direction) of the Seoul Southern Highway, which is located in the Goyang-gu, Goyang-si and the BK5 vehicle from the front day of the non-cafeteria-gu, Goyang-si to the Goyang-si, Goyang-si, Goyang-si.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reference reports (A), investigation reports (reports on suspect's records of driving alcohol), and statutes;

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. The accused has been punished twice as drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.127%.

The accident of shocking street lamps due to the drinking driving of this case occurred.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account 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, environment, and criminal record.