A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On March 9, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch. On October 26, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crimes, etc. at the Ulsan District Court.

【Criminal Facts of Crimes】 On August 10, 2020, the Defendant driven a vehicle about 10 meters by driving the vehicle in the state of alcohol concentration of 0.097% under the influence of alcohol from the front of the Busan Busan District B hotel to the front of the “D” in the same Gu C, and driving the vehicle to the extent of 10 meters by driving the vehicle under the influence of alcohol concentration of 0.097%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents, drinking tests, taking photographs of the results of drinking, etc.;

1. Notice of the result of crackdown on drinking-driving, investigation report (report on the circumstances of a drinking-driving driver), and report on the circumstantial statements of a drinking-driving driver, 112 case table;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for drunk driving);

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. The reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act as of October 26, 2017 is that: (a) the Defendant, while driving a central line while under the influence of 0.124% under the influence of alcohol, caused a traffic accident and thereby causing the other vehicle driver and his/her partner to engage in a traffic accident; (b) was subject to a suspended sentence of 2 years for August; (c) community service hours; and (d) 40 hours during a compliance driving instruction.

At the time when one year has not passed since the period of the suspension of execution, the crime of this case was committed, and it seems that it was obvious that pedestrians (112 reporters) were committed during the period of the suspension of execution.

In addition to the history of drinking driving two times, there has been three times of punishment of a fine for driving without a license.

A suspended sentence shall no longer be a warning to the defendant.