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 became final and conclusive.

Punishment of the crime

On June 1, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's Support for the Crime of Violation of the Road Traffic Act.

Around 16:40 on May 27, 2020, the Defendant driven a DK5 car while under the influence of alcohol with about 0.270% of alcohol concentration at approximately 9.5km from May 27, 202 to the front of C in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of traffic accidents prepared by E;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A written appraisal of alcohol during blood;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

Even though the defendant was punished as a fine due to drinking driving as stated in the ruling, he is not subject to the punishment of the crime.

The blood alcohol concentration level is also very high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The health status is not good.

Only one fine stated in the judgment shall be punished.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.