A defendant shall be punished by imprisonment for one year.

However, 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 June 1, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, at the Suwon District Court’s Pyeongtaek site, and on April 18, 2018, the above court issued a summary order of KRW 5 million as an identical crime.

On July 21, 2020, at around 00:15, the Defendant driven a vehicle with Churburged, while under the influence of alcohol content of about 0.109%, from around 2.6 km to the front parking lot B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the defendant has already been punished twice due to drinking driving, it is highly criticized in that he has been forced to drive under drinking in a state of drinking.

However, all the sentencing conditions, such as the defendant's deep reflects on the crime, the details and before and after the crime, the age of the defendant, the family environment, etc.