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 July 3, 2007, the Defendant was issued a summary order of KRW 700,000 by the Daejeon District Court as a crime of violation of the Road Traffic Act.

On April 18, 2020, at around 20:24, the Defendant driven a F knife car from around 30 meters away from the road front of the “Ckju store” in Linju City B, while under the influence of alcohol of 0.124% of blood alcohol level, to the front road of the E-cafeteria in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Evidence and photographs of the traffic accident;

1. Notification of the result of the control of drunk driving (Evidence No. 18) and that of the control of drunk driving (Evidence List No. 19);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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 (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, committed the instant crime again even though he/she was punished once due to drinking, and the circumstances after committing the instant crime, such as attempting to change the driver after the instant crime, are not good, and the drinking water level of this case is high, and thus, is sentenced to imprisonment with prison labor for the Defendant.

However, the driving distance in the instant case was short, the interval between the Defendant’s previous record of drinking alcohol and the date of the instant crime is high, the Defendant had no record of punishment heavier than imprisonment, and the Defendant’s mistake was divided into two parts, taking into account the circumstances, such as the fact that there was a short driving distance, the period of punishment is set within the scope of the applicable punishment, and the execution of the punishment is suspended, but the community service corresponding to the nature of the offense of the Defendant.