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 December 14, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court due to a violation of the Road Traffic Act (driving). On April 30, 2015, the Defendant received a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) from the Hongsung Branch of the Daejeon District Court.

On March 17, 2019, at around 11:15, the Defendant driven a DNA cruise car with approximately 10km alcohol concentration of 0.151% under the influence of alcohol from the 10k section to the front road of Boho-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and copies of summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, in principle, requires strict punishment in light of the unfavorable circumstances, such as the fact that the two previous offenses, including human life accidents caused by the drunk driving, were committed in the same kind of recommendations, the drinking water level is considerably high, and the occurrence of an accident due to a crime, etc.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the reflection of the fact, the fact that the accident is minor physical damage, the fact that there is no penalty force exceeding the fine, and the fact that the social relationship is obvious.