A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 25, 2010, the Defendant was issued a summary order of KRW 7 million due to a violation of road traffic law (drinking driving) at the Gunsan Branch of the Jeonju District Court.

On November 23, 2020, the Defendant driven an E rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.074% from the front of the “C” road located in the Hasan-si B to the front of the D apartment in the Hasan-si.

Accordingly, the defendant, even though he violated the prohibition of drinking under the Road Traffic Act at least once, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous conviction: A written reply to inquiry, such as criminal history, (A) the application of the same Act and subordinate statutes on the suspect;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-imprisoned the drinking driving.

However, it is limited to this time, considering various conditions of sentencing, such as the fact that the defendant is closely against the crime, the circumstances before and after the crime, the age of the defendant, the family environment, etc.