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 September 20, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on September 20, 201, and a summary order of KRW 1.5 million to a fine in the same court on December 4, 2018.

Criminal facts

On January 26, 2020, at around 04:45, the Defendant driven a DNA car under the influence of alcohol concentration of 0.068% at the two kilometers from the front of the restaurant located in Daegu Jung-gu, Daegu to the neighboring road in the Daegu Suwon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, investigation report (report on the situation of a drinking driver), the register of driver's licenses, and the next inquiry;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a summary order attached to the same attached military records-two copies of a summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The sentencing criteria shall not apply;

2. On September 25, 2018, a citizen, who suffered a traffic accident due to drinking driving, was placed in a brain-dead state and eventually, a case of loss of life occurred.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

The drinking driving leads to the occurrence of serious human injury.