【Criminal Power】 On June 23, 2008, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on October 13, 2015, a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act was issued, respectively, at the Seo branch court of the Daegu District Court. < Amended by Act No. 13588, Oct. 13, 2015>

【Criminal Facts】 Although the Defendant had been in violation of the Road Traffic Act’s provision prohibiting driving under the influence of alcohol at least once, at around 10:40 on November 9, 2019, the Defendant driven an EM-5 vehicle under the influence of alcohol with approximately 1.4km alcohol concentration of about 0.201% at the section of 1.4km from the parking lot “D” to the “D” public parking lot in Yeongdeungpo-gun, Young-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the occurrence of a traffic accident, report on the results of the drinking driving control, report on the state of drinking drivers, the statement on the state of standing, and report on actual status;

1. On-site photographs and CCTV images;

1. Registers of driver's licenses, and car4;

1. Investigation report (specific driving distance);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (one copy of the same type of electric power-printed output of the summary order);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Whether the sentencing criteria are applied;

2. On September 25, 2018, when a citizen was involved in a traffic accident due to a drunk driving on the grounds of sentencing, the citizen was placed in a brain-dead state and the case was eventually brought about to lose his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations on drivers such as motor vehicles to prevent traffic accidents and to ensure safe driving.