A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On December 7, 2011, at the Daegu District Court, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act, and on March 29, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months by the same court.

【Criminal Facts】

At around 02:40 on August 30, 2020, the Defendant driven the E-cargo under the influence of alcohol level of about 0.070% from the section of about 2 km from the Yeongdeungpo-si B apartment parking lot to the front road in C.

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

Summary of Evidence

1. Defendant’s legal statement, report on the results of the regulation of drinking driving, report on the state of his/her drinking driver, investigation report, investigation report (report on the state of his/her drinking driver), inquiry into the results of the control of drinking driving, making44 and register of driver’s licenses;

1. Previous records of judgment: Criminal records and investigation reports (verification of previous records of the same offense - five copies of judgment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on September 25, 2018, when a citizen was involved in a traffic accident due to drinking driving on September 25, 2018, there was a case in which he/she lost his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

The results of drinking driving are significant.