A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Criminal Power] On November 8, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

On July 16, 2020, at around 04:45, the Defendant driven a DW car under the influence of alcohol concentration of about 0.122% from the 3km section from the roads near the Daegu Jung-gu B market to the front road of the Daegu Suwon-gu apartment complex.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant’s legal statement, reports on the state of his driving, reports on the state of his driving, reports on the state of his driving, investigation reports (report on the state of his driving, inquiry into the results of the crackdown on the state of his driving, the register of driver’s licenses, and the inspection reports;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Binding of summary orders for sound driving - Application of Acts and subordinate statutes);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime, Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of imprisonment;

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

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.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself is serious.