A defendant shall be punished by imprisonment for one year.

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 March 28, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on April 25, 2014, issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Pyeongtaek District Court’s Pyeongtaek Site, etc. on April 25, 2014. On May 19, 2016, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court’s Pyeongtaek Site.

On May 13, 2019, at around 22:24, the Defendant: (a) driven a rocketing motor vehicle with a blood alcohol concentration of about 0.296% in a section of about 1km from the roads near the B-si to the roads near the B-si.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order, etc. of the same kind of driving under influence of a suspect), summary order, and application of Acts and subordinate statutes of the judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

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

1. Considering the Defendant’s previous conviction and drinking water of this case for the reason of sentencing under Article 62-2 of the Criminal Act, considering the Defendant’s previous conviction and drinking water of this case for the reason of sentencing, the Defendant should be sentenced to strict punishment, but the Defendant has to recognize his mistake and again not drive under drinking again, the Defendant shall be sentenced to suspended sentence only once. However, the Defendant shall be sentenced to suspended sentence, taking into account the aforementioned factors of sentencing and other factors of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and environment, as seen above, and