Defendant shall be punished by imprisonment for a term of one year and four 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 April 13, 2009, the Defendant driven a motor vehicle under the influence of alcohol level of 0.060% on May 8, 2009 and received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court on May 8, 2009, and driving a motor vehicle under the influence of alcohol level of 0.098% on June 14, 2017, and issued a summary order of KRW 2 million as a fine for the same crime at the same court on June 28, 2017.

On July 25, 2020, at around 07:15, the Defendant driven a passenger car under the influence of alcohol with a blood alcohol concentration of 0.126% at the 15 km section from the front of the Gyeong-do Highway Kim Jong-won to the point of approximately 15 km in Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on each traffic accident, investigation report (report on the circumstances of an employee), and circumstantial statement of an employee;

1. Criminal records as indicated: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of accidents is high, which may cause a huge threat to not only drinking drivers themselves but also other people's lives, bodies, etc., and social damage caused by drunk driving is increased. Therefore, it is necessary to impose strict liability on drinking drivers.

As seen earlier, the Defendant committed the instant crime by running a drunk driving twice and being punished as a fine, even though he had the record of being punished as a fine.

In particular, the defendant is on an expressway.