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 July 15, 2004, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on July 2, 2009.

On January 15, 2020, the Defendant, while under the influence of alcohol of 0.154% on blood alcohol level at around 16:00, operated a D New Zealand XD car from around the road in front of the Defendant’s residence in the Gungjin-gun B to around 6 km to the front of the same military C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking driving, report on the circumstances of a drinking driver, report on the actual condition, and inspection report on the vehicle register;

1. Each photograph;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: despite the fact that the defendant had been sentenced to each fine in 2004 and 2009 due to drinking driving, again led to the crime of this case; the blood alcohol concentration of the defendant at the time of driving is considerably high; and traffic signs are installed by leaving the road.