A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 23, 2012, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act (drinking driving), etc. by the District Court of the Republic of Korea on February 23, 2012, and on March 28, 2014, the Defendant issued a summary order of KRW 3 million for the same crime at the Seoul East District Court of the Republic of Korea.

On May 21, 2020, at around 02:30, the Defendant driven Cone Starsch truck under the influence of alcohol concentration of about 0.162% from the front of the shooting distance of the stone bridge located in the Dong-si of Gyeonggi-do to the front road of the Dong-si of Gyeonggi-do to the front road of the Dong-si of Gyeonggi-do.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The legal statement of the accused, the investigation report on the actual traffic accident, the scene photographs of the accident, the notification of the results of crackdown on the driving of drinking, and the circumstantial statement of the driver;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture was that the Defendant, even though having been punished for drinking and traffic crimes several times, was driving again so that the risk of drinking is realized by causing an accident that shocks the annual seat of the bus center, and the amount of alcohol concentration in blood is also high.

However, considering the fact that there is no realistic damage caused by an accident, the fact that the defendant commits a second offense while reflecting his/her mistake, etc., the punishment shall be determined as ordered in consideration of the age, occupation, environment, sexual conduct, circumstances leading to the crime and circumstances after the crime, etc.