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 April 21, 2017, the defendant was given a summary order of a fine of KRW 5 million for violating the Road Traffic Act in the Cheongju District Court Support on Cheongju District on April 21, 2017.

Nevertheless, at around 08:00 on November 17, 2019, the Defendant driven a e-car with a blood alcohol content of about 3 km from around 09:50 on the same day through the front road of the Defendant located in Seocheon-si B at around 09:50 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Field photographs, etc.;

1. The actual condition survey report;

1. The circumstantial report and investigation report of the employer-employed driver (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation records (one time before the same type of crime), and application of Acts and subordinate statutes governing 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. 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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The defendant was punished as a fine by committing a crime of drunk driving around 2017.

A traffic accident that causes damage to property during driving.

The favorable circumstances: The mistake is recognized and reflected.

The previous night is a so-called night driving after drinking alcohol and diving.

Blood alcohol concentration is relatively low.