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 February 2, 2017, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.

On October 31, 2019, around 04:00, the Defendant driven a DMW X4-car under the influence of alcohol with 0.125% alcohol concentration from the 1km section of approximately 1km to the dead-distance road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Report on a traffic accident, report on the scene of an accident, report on the circumstantial statement of a host driver, and estimate of repair cost;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and 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. 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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of criminal punishment for the crime of violation of the Road Traffic Act, and the occurrence of traffic accidents, such as causing the accident that causes the injured vehicle while making a left-hand turn, etc., and the drinking driving is a crime that may cause serious damage to another person’s life, body, or property as well as his/her own, and that there is a need for punishment corresponding thereto, which is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

Other cases, such as the age, character and conduct, family relationship, motive and circumstances of the crime, and circumstances after the crime.