A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 6, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Seosan Branch of the Daejeon District Court on September 6, 2007, and was issued a summary order of KRW 3 million at the Incheon District Court on October 25, 2012.

On July 2, 2019, at around 22:15, the Defendant: (a) driven a Fone Star Co., Ltd. under the influence of alcohol concentration of approximately 0.104% from the previous Do to the front of the correction ex officio, deeming the “E Middle School” as a clerical error; and (b) drive the Fone Star Co., Ltd. at approximately 200 meters from the previous Do to the front road of D.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is three times, but the execution of a sentence shall be postponed by taking into account the following factors: (a) the implementation of the Road Traffic Act, which greatly strengtheneds the control standards and statutory punishment to eradicate harm caused by drinking driving; and (b) the implementation of the Road Traffic Act, which greatly strengthens the control standards and statutory punishment; and (c) the degree of blood alcohol level exceeds the revocation standards; and (d) the risk of recidivism, which requires severe warning, is likely to cause severe recidivism; (b) the execution of a sentence shall be deferred by taking into account the circumstances and depth of driving circumstances; (c) the Defendant suffers from a physical disability caused by military service; (d) the Defendant’s age and family relationship; and (e) the strict management and supervision of the probation officer and the safe driving education for preventing recidivism.