A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

【Criminal Power】 On October 19, 2007, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】 Although the Defendant had been in violation of the Road Traffic Act’s prohibition provision on drinking alcohol at least once, around November 16:20, 2019, at around 16:20, the Defendant driven a DNA rocketing car under the influence of alcohol with approximately 1 km from the front of the Hanju-si B apartment in Gangwon-do to the front of the same city Damo-si in the same manner, while under the influence of alcohol leveling 0.205%.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the situation of a drinking driver), supervision of drinking driving, field photographs, register of driver's licenses for motor vehicles, and car inquiry;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (a copy of the principal case, the suspect, the same type of judgment, the document of judgment, a copy of each summary order, one copy of each summary order);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The sentencing criteria shall not apply;

2. On September 25, 2018, a citizen, who suffered a traffic accident due to drinking driving, was placed in a brain-dead state and eventually, a case of loss of life occurred.

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 to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

The drinking driving can lead to the occurrence of serious damage to human life, so it can lead to drinking.