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 February 24, 2011, the Defendant had the record of having received a summary order of KRW 5 million due to the crime of the Road Traffic Act, etc. at the Jung-gu District Court on February 24, 201. On August 15, 2019, the Defendant driven a DNA cargo vehicle while under the influence of alcohol content of KRW 0.212% from the parking lot B of the Gangwon-gu Steelwon-gun to C in front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual condition survey report;

1. On-site map;

1. On-site photographs;

1. A copy of a written estimate;

1. Previous convictions in judgment: Inquiry reports and the application of Acts and subordinate statutes concerning investigation reports (verification of the same kind of case);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Even before the reason for sentencing Article 62-2 of the Criminal Act, the accused has been punished for the same kind of crime, such as drinking and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

Nevertheless, while driving with a very high level of 0.212% alcohol concentration in the blood of the vehicle, it did not cause an accident while driving, but did not take necessary measures to leave the site.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, that the defendant does not have the punishment for the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.