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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 3, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 3, 2014, and received a summary order of KRW 2 million for the same crime from the same support on January 24, 2017.

On April 10, 2020, at around 02:55, the Defendant driven a C-wheeled automobile under the influence of alcohol with approximately 4km alcohol concentration of about 0.122% from the 3:05 on the same day to the roads located in the same Gu 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 statements of a drinking driver, and traffic accident scene photographs reported as a result of the drinking driving control;

1. Records of drinking driving under the judgment: Application of Acts and subordinate statutes to suspect's previous records, summary orders, criminal records, and inquiry reports;

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. Article 62 (1) of the Criminal Act;

1. The Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

In light of the fact that the Defendant had been subject to two times or punishment due to drinking driving, again, was driving under the influence of alcohol, blood alcohol level was 0.122% high, and caused an accident that shocks the road protection wall during driving under the influence of alcohol, it is necessary to severely punish the Defendant.

However, it is more severe than a fine, such as that the defendant has recognized his mistake and divided, and that he has been punished once as a minor fine in addition to the above drinking driving force.