A defendant shall be punished by imprisonment for a term of one year and two months.

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 July 20, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Incheon District Court, and issued a summary order of KRW 3 million as a fine in the same court on November 22, 2018.

On May 6, 2020, the Defendant, while under the influence of alcohol once or more times, driven a D Sstoke car under the influence of alcohol content of about 0.141% in a section of about 5km from May 22:32, 202, from the front side of C in Kimpo-si, Kimpo-si, to the upper right road located in Jeju Gopo-si, Jeju, Jeju.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

Defendant’s legal statement

Before the judgment of the court, the report on the circumstantial statement of a drinking driver and the record of the control of drinking driving: Criminal history records and the application of the judgment 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The reason for sentencing is that the defendant has a high possibility of criticism by repeating a crime, even though he was punished by a fine due to drinking driving around 2017 and around 2018.

The defendant peeped with the attitude of the law.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.

The current Road Traffic Act has greatly strengthened the control standards and statutory punishment due to the social demand for eradicating the harmful effects of drinking driving.

However, the fact that the defendant recognized the crime and specifically expressed his intention not to repeat the crime will be considered as favorable circumstances.