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 October 14, 2009, the Defendant was issued a summary order of KRW 3 million with fines for the violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court on October 14, 2009, and on February 27, 2014, a summary order of KRW 3 million with fines for the violation of the Road Traffic Act (driving of Drinking) was issued.

Nevertheless, at around 21:06 on 17, 2020, the Defendant driven a motor bicycle E in the section of about 29 km from the front of the C convenience store located in Seoan-gu, Seoan-si, Seoan-si to the front of the DJ, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in a state of alcohol of 0.161% of blood alcohol alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. An accident site photograph;

1. The actual condition survey report;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of criminal records, inquiry reports, investigation reports (report attached to the same kind of power), and summary order;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

Even though the defendant is punished as a fine due to drinking driving as stated in the ruling, he is re-driving, and his criminal liability is not easy.

The blood alcohol concentration is relatively high.

The distance of drinking driving is also short.

However, the defendant seems to have led to confession and reflect on the crime of this case.

There is no power of punishment heavier than a fine.

Defendant. Other defendant.