However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On October 27, 2008, the Defendant received a summary order of KRW 3 million for the crime of violating the Road Traffic Act from the Gunsan Branch of the Jeonju District Court, and on March 17, 2014, the above court received a summary order of KRW 5 million for the crime of violating the Road Traffic Act.

On June 14, 2020, around 21:20 on June 21, 2020, the Defendant driven a F SP car in the state of alcohol alcohol concentration of about 0.078% at a section of about 500 meters from the office of “C” to the front road of “E” located in D.

As a result, the Defendant driven a car while under influence of alcohol in violation of the prohibition regulations such as drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, investigation report, response to requests for appraisal, investigation report (related to telephone conversations of a suspect) by a host driver;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-driving.

However, the defendant reflects his depth on the crime.