A defendant shall be punished by imprisonment for a term of one year and two 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 December 14, 2018, the defendant was given a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on December 14, 2018.

On August 15, 2020, around 09:18, the Defendant driven a motor vehicle in the E Sti-type under the influence of alcohol concentration of 0.154%, from the road near the “C” located in Yongsan-gu, Mangsan-si B to the road front of the same Sinsan-gu D. In the same manner, the Defendant driven a motor vehicle in the E Sti-type under the influence of alcohol concentration of 0.154%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of drunk driving (including a report on the results of the regulation of drunk driving) and a photograph of the control site of the report on circumstantial statements of a drunk driver;

1. Records of drinking driving under the judgment: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

Although the defendant had recently been punished for drunk driving, he again carried out the drinking driving of this case, and since the blood alcohol level is 0.154% high, it is necessary to severely punish the defendant.

However, in consideration of the fact that the defendant's mistake is recognized and divided, and that there is no record of punishment other than the above drinking driving power, etc., the punishment shall be determined to suspend the execution of imprisonment as above and then suspend the execution of imprisonment.