A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[Criminal Power] On October 5, 2016, the Defendant was issued a fine of KRW 1 million by the Daegu District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 15, 2020, at least 0.163% of alcohol level 0.163% under the influence of alcohol level on August 21, 2020, the Defendant driven a DNA-purd motor vehicle from C to C in a section of about 500 meters from C, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement, investigation report on the state of his/her driver, report on the state of his/her oral statement, notification on the control of his/her drinking driving, and notification of internal investigation (the reasons why his/her drinking alcohol has been measured);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order filed against a suspect);

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

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of 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 risk of a traffic accident is very high solely on the ground that there was no serious loss of human life as a result of a drunk driving.