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 October 14, 2014, the Defendant issued a summary order of KRW 4 million at the Cheongju District Court for a violation of the Road Traffic Act. On February 24, 2017, the Seoul Central District Court issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act.

On November 23, 2019, at around 23:44, the Defendant driven a DNA-si car under the influence of alcohol by 0.188% in a section of approximately 59.8km from the parking lot of the Samsung-si, Samsung-si, Samsung-si, Samsung-si, to the front road in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Notification of the control of drinking driving;

1. Criminal records: Criminal history records, probationary records (A), suspect drinking driving records, and application of Acts and subordinate statutes attached to summary orders;

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. Probation, community service order, and order to attend a lecture is very high to 0.160%, and 0.143% of blood alcohol during the previous drunk driving for the purpose of sentencing 5 years under Article 62-2 of the Criminal Act. In this case, the crime is repeated in a short period and is highly high to risk of recidivism. Taking account of these circumstances, a person is selected to be sentenced to imprisonment in a short period. Furthermore, the execution of the sentence shall be suspended by taking into account the criminal records (in addition, there is no record of punishment for other crimes except the criminal record of the main driving), Defendant’s age and occupation, circumstances after the crime, and other sentencing conditions, and probation, etc. shall be added to prevent recidivism.