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 September 25, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court on September 25, 2009, and on May 25, 2016, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the credit support of the Suwon District Court.

At around 15:10 on August 12, 2019, the Defendant driven a DNA cargo vehicle while under the influence of alcohol 0.219% in the section of about 5 km of blood alcohol from the Do in the direction of Tonju City from the Do in front of the Do in Tonju City.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on detection of a violation of the Road Traffic Act, report on the results of the control of drunk driving, report on the situation of drunk driving, report on the circumstantial statement of a drunk driver, and investigation report; and

1. Accident video;

1. Previous convictions indicated in judgment: Criminal records, their respective dispositions and report on results of confirmation, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a meeting was three times, the Defendant again driven a drinking alcohol again, and the Defendant also escaped from other vehicles in the process. At the time, the Defendant’s blood alcohol concentration high level so that normal driving was impossible. Therefore, there was a risk of additional accidents.

However, the age of the defendant is high.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.