A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 2, 2015, the Defendant was sentenced to a suspended sentence of two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the violation of the Road Traffic Act in the Cheongju District Court on October 2, 2015. On May 19, 2017, the Defendant issued a summary order of five million won for the violation of the Road Traffic Act (Dangerous Driving) and on July 12, 2018 by the same court on July 12, 2018, the said judgment became final and conclusive on August 20, by having been sentenced to a suspended sentence of two years for the same month.

On October 19, 2019, the Defendant, while under the influence of alcohol around 04:40% of blood alcohol level, driven a vehicle of approximately 1 kilometer from the roads near the Heung-gu Seoul Metropolitan City to the roads adjacent to the Heung-dong bus terminal located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu.

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 actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of criminal records, inquiry reports and investigation reports (prior records, such as a suspect's drinking driving, etc.) 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) recognizing the instant crime for sentencing; (b) and (c) contrary to the mistake, not recommitting the instant crime; and (c) deeming that the payment of child support to minor children after divorce is considered to have been made in a relatively sincere life.

However, there is a social consensus that the punishment for drunk driving should be strengthened due to the seriousness of the harm caused by drunk driving and the high recidivism rate of drunk drivers, and the amendment of the law reflecting it is implemented.