On March 16, 2019, at around 14:10, the Defendant driven a DNA motor vehicle owned by the Defendant under the influence of alcohol leveling of approximately 30km from the 30km section to the road near the “Yanta” road located in the Yan-gun, Yan-gun, Yan-gun, in the direction of 0.166% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to the accident site);

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

1. Grounds for sentencing under Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning the crime;

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Determination of sentence: The defendant's imprisonment for six months is recognized and against his mistake; the defendant filed a report on 119 after causing a traffic accident; the occurrence of human damage by the crime of this case does not occur; the defendant's long-term detention of the defendant is likely to have a significant impact on his family's livelihood; the defendant's occupation clearly and clearly desires to take the place of the defendant's wife is favorable to the defendant.

However, drinking driving needs to be punished for crimes that may cause serious damage to the life, body, and property of others, which are corresponding to those of such crimes.

At the time of the instant crime, the Defendant’s blood alcohol concentration was high, and the risk of drinking driving was realized due to the occurrence of traffic accidents caused by the instant crime.

The Defendant, even before committing the instant crime, driving a vehicle in a situation where normal driving is impossible due to drinking, resulting in the death of another person, and was sentenced to imprisonment with prison labor for one year and six months from the Jeonju District Court on February 14, 201 and three years of suspended execution, and on July 14, 2017.