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 March 5, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site.

On February 2, 2020, at around 01:55, the Defendant driven an Esp motor vehicle under the influence of alcohol content of about 0.137% at the section of approximately 6km from the street in front of the “C cafeteria” located in Pyeongtaek-si B to the street in front of the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment, etc. of a summary order of the same kind of power), and the application of statutes on attached data;

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. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle despite the power already punished for a drunk driving, the blood alcohol concentration level was high at the time of detection, the actual accident was realized, the driving distance was not short: A normal situation that is advantageous to the fact that the driving distance was recognized and reflected; there is no other criminal records other than the previous one, and the previous one is ten years prior to the previous one.