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 30, 2002, the Defendant was issued a summary order of KRW 1 million by the Cheongju District Court for a violation of the Road Traffic Act, and on January 29, 2004, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment for the same crime. On July 9, 2007, the Defendant was issued a summary order of KRW 1 million by the same court as the same crime. On June 3, 2016, the Defendant was issued a summary order of KRW 5 million by the Cheongju District Court’s Chungcheong Branch for the same crime.

On October 26, 2019, at around 13:15, the Defendant driven a D low-speed car from approximately four kilometers from the front of the petition site B to the front road of C in the Cheongju-si while under the influence of alcohol by 0.189% of blood alcohol level.

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. Notification of the results of the control of drinking driving, the report on the state of drinking drivers, and the report on requests for appraisal;

1. Criminal history records, inquiry reports, and the application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the punishment of community service and lecture attendance order reflects the mistake of the defendant while recognizing the crime, but it is necessary to strictly punish the drinking driving in that it repeats the crime.

However, a suspended sentence shall be sentenced in full view of the following circumstances: (a) around 2004 when a person is sentenced to a suspended sentence due to drunk driving; (b) there is no record of criminal punishment exceeding the fine; and (c) the defendant's age, character and conduct; (d) the degree of blood alcohol in this case; and (e) the conditions of sentencing specified in the records and arguments, including the circumstances before and after the crime.