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 May 9, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking) in the Jeonju District Court’s Gunsan Branch on May 9, 2018.

On October 25, 2020, the Defendant driven an EM3 car from around 500 meters away from the Gasan-si B market parking lot to the front of the D Beauty shop located in C while under the influence of alcohol content of 0.036% during blood transfusion around 20:57.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

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 convictions in judgment: Application of a reply to inquiry, such as criminal history (A), report on investigation (verification of the same record as the suspect), and summary order-making Acts and subordinate statutes;

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 has already been punished several times due to drinking driving, it is highly likely to criticize the Defendant in that he has been forced to drive drinking.

However, the defendant reflects his depth in committing the crime, taking into account all the conditions of sentencing, including the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., within the scope of the punishment for which the amount of reduction was reduced only once