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 October 6, 2011, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and on April 16, 2012, the above court issued a summary order of KRW 3,50,000 as a fine for the same crime.

On June 27, 2019, the Defendant, who was subject to criminal punishment twice or more due to drunk driving, driven FK5 vehicles from the vicinity of the “C” located in the Gunsan-si B to the roads adjacent to D Apartment Edong, while under the influence of alcohol 0.080% of alcohol level around 22:55.

Summary of Evidence

1. Defendant's legal statement;

1. Report on a traffic accident, report on the scene of an accident, report on the situation of a drinking driver, and report on the results of crackdown on drinking driving;

1. Previous records of judgment: Application of an inquiry inquiry report including criminal records, investigation report (verification of the same criminal records - attachment of a summary order) and other 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 an accident that causes the driving of a motor vehicle 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 causing a serious damage therefrom, 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.

Nevertheless, even though the defendant had a history of criminal punishment twice due to drinking driving, it is highly likely to be criticized in that he/she has re-drawed a drinking driving.

However, all kinds of crimes, such as the fact that the defendant is against the crime, the details and details of the crime, the age of the defendant, and family environment.