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 October 1, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on February 7, 2018, the same court received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act.

On December 1, 2019, at around 19:00, the Defendant driven a chip vehicle under the influence of alcohol content of approximately 0.141% from the section of approximately 9k-m of alcohol from the 1481 in Yangju-si to the Sochan Park Park Park Park, which is located in 1481 in Yangju-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. On-site map;

1. On-site photographs;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate 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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, while driving under the condition of 0.141% alcohol concentration in the second blood, the accident was caused by the wind that misleads the operation of the engine while driving.

However, it shall be considered in favor of the fact that the defendant recognized the crime and reflects the fact that the victim has compensated for the damage, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively 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.