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 became final and conclusive.

Punishment of the crime

On April 7, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on April 7, 2008, and was sentenced to a fine of KRW 2.5 million for the same crime at the Seoul Western District Court on November 13, 2008.

On September 2, 2019, at around 00:25, the Defendant driven a DNA motor vehicle with approximately 150km from “C” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the point at which 29 km is situated in the upper parallel line of the Honam Highway Line, the king-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the blood alcohol concentration of 0.114%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant legal provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reasons for sentencing”) include a number of criminal records including 0.120% (Seoul Western District Court Decision 2008 High Court Decision 2008 High Court Decision 19904), and 0.091% (Seoul Central District Court Decision 2008 High Court Decision 2008 High Court Decision 11375) of the Act on the Suspension of Execution, and includes a number of criminal records that have caused a traffic accident while serving a suspended sentence due to a driving without a license or having been sentenced to imprisonment due to a traffic accident.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that not only the defendant has engaged in a dice driving but also the blood alcohol concentration (0.114%) is high.

However, it is advantageous to the fact that both criminal records of drinking driving have been prior to 2008 and have not been subject to criminal punishment since 2012, that the defendant has a physical disability, that the defendant is seriously against the defendant.

In addition, the motive for drinking driving, place and distance of drinking driving, other circumstances after the crime, the defendant's age, character and conduct, environment, etc.