A defendant shall be punished by imprisonment for not less than eight months.

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 September 3, 2009, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on September 3, 2009, and a fine of KRW 4 million for the same crime in the same court on December 16, 2013.

At around 22:50 on December 20, 2018, the Defendant driven a e-learning car over a section of about 500 meters from the street in front of the Honam-si C Station B located in Sungnam-si to the street in front of the Plaintiff Gonam-si, Sungnam-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Four copies of the report on the inspection of occurrence of the case, the report on the situation of the driving of the driver, the report on the circumstantial statement of the driver, the inquiry into the results of the control of the driving of the driver, the personal inquiry into the driver, and the results of the control of the drinking; and

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Previous convictions in judgment: Application of criminal records and summary orders of the same kind of power;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. A normal drinking run disadvantageous to the reason of sentencing under Article 62-2 of the Criminal Act is not only a danger to traffic order by itself, but also a crime that may cause serious human and physical damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

The defendant is punished by a fine on three occasions due to a drunk driving.