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 July 19, 2017, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court.

On October 5, 2019, at around 4:20, the Defendant driven D A6 cars around the main station of the “C” located in Yasan-si B while under the influence of alcohol 0.166% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, notices on the results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the same criminal records - attachment of a summary order), and application of one copy of the summary order applicable under one 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 due to drinking driving, it is highly likely to criticize the Defendant in that the Defendant re-influored the instant drinking driving in the state of the influence of high blood alcohol level.

However, the defendant is in profoundly against the crime, considering various conditions of sentencing, such as the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., within the period of punishment that has been mitigated only once.