A defendant shall be punished by imprisonment for one year.

except that 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 October 13, 2011, the Defendant driven a motor vehicle under the influence of alcohol level of 0.067% with a blood alcohol level of 0.067% on October 13, 201, and received a summary order of KRW 1 million on November 29, 201 as a crime of violating the Road Traffic Act (driving) from the Young-dong Branch of Young-gu District Court.

On June 16, 2020, at around 17:20, the Defendant driven a B-class truck with a blood alcohol concentration of about 0.155% under the influence of alcohol level 0.155% in front of the parking lot in the area of about 20km from the front of the cafeteria-gun, Macheon-gun, Macheon-gun, Macheon-gun, Macheon-gun to the front of the parking lot in the area of about 46 meters.

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. Traffic accident report (on the actual condition survey report, drug map, etc.), photographs at the scene of the accident, circumstantial statements of the driver concerned, and investigation report (on the condition of the driver concerned);

1. Criminal records as stated: Application of criminal records, inquiry reports, and copies of summary order Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body, etc., and the social damage caused by drinking driving is increased, so it is necessary to impose strict liability on drinking drivers.

As seen earlier, even though the Defendant had been punished by a fine by driving under the influence of alcohol once, the Defendant committed the instant crime by driving under the influence of alcohol at once.

In particular, since the Defendant caused a traffic accident as a result of the instant crime, the Defendant’s liability is not easy.

However, the defendant shows his attitude to recognize and reflect the crime of this case.