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 February 17, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on February 17, 2017, and a fine of KRW 8 million for a violation of the Road Traffic Act (on November 1, 2017) and a violation of the Road Traffic Act (on after the accident).

On February 15, 2020, at around 03:20, the Defendant driven a DNA car with approximately 600 meters alcohol concentration 0.157% under the influence of alcohol at the section of about 600 meters from the front of the Sinung City B cafeteria to the front of the same city C.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records: Application of replys to criminal records, replys to investigation records, and Acts and subordinate statutes (Attachment to the same type of electric records);

1. Relevant Acts concerning facts constituting a crime 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. Taking into account the risks inherent in the reasoning of sentencing under Article 62-2(1) of the Criminal Act, the Defendant’s previous drinking records, the blood alcohol density at the time of the instant case, and the section of drinking driving, and taking into account various factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence shall be determined as ordered in the same manner