A defendant shall be punished by imprisonment for not less than eight 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 May 9, 2014, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on November 24, 2016, in the same case.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 23, 2019, at around 00:20, the Defendant driven the ENAS car under the influence of alcohol with approximately 0.072% of blood alcohol content from the section of approximately 2 km from the front of the “C” store in macrosi-si B to the front of the “D apartment” road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (two-time records of drinking driving and records of traffic accidents) and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol level and the accused’s previous conviction as major sentencing factors, the Defendant’s mistake is recognized, and the Defendant’s punishment is determined as ordered and the execution of the order of community service and the order of education is suspended on the premise of the faithful performance of the order of education, by comprehensively taking into account all of the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.