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

Punishment of the crime

On June 23, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Youngju District Court’s Young-dong branch on the grounds of the violation of the Road Traffic Act. On August 4, 2015, the Defendant issued a summary order of KRW 3 million for the same crime at Suwon District Court, on June 20, 2016, the Defendant issued a summary order of KRW 6 million for a fine of KRW 6 million for the same crime at Suwon District Court’s Suwon District Court on the grounds of the same crime, and on August 11, 2017, the Defendant was sentenced to a summary order of KRW 6 million for a year of imprisonment with labor for the same crime.

Criminal facts

On June 28, 2020, the Defendant, while under the influence of alcohol of 0.110% of the blood alcohol concentration, driven a car with a Fursom with approximately KRW 500 meters from the front side of the Cju in Gumi-si B, Gumi-si, to the front road located in D in the same city.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of a report on the situation of driving a motor vehicle under the influence of alcohol, photograph related to the case, inquiry into the results of the drinking driving control, response to the request for appraisal, CDs ( CCTV images for a crime prevention), CCTV images for the purpose of crime prevention;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the social risk of drunk driving and the purport of the revision of the Road Traffic Act, which raised the statutory penalty, requires strict punishment for the act of drunk driving.

In light of the fact that the defendant has been punished several times due to drinking driving, and in particular, it is necessary to severely punish the defendant in light of the fact that he/she has engaged in drinking even before the period of suspension of execution expires.

The circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, shall also be considered, and the drinking alcohol, the distance of drinking driving, the age, character and conduct, environment, family relationship, and after the crime.