A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 23, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on April 23, 2009.

On October 29, 2020, around 23:11, 2020, the Defendant driven a DNA car under the influence of alcohol content of about 0.135% while under the influence of alcohol from approximately 500 meters to the front road of the “C golf practice site” located in B from the front of the restaurant in the name of the Sinsan-si, Sinsan-si, Sinsan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports, reports on the circumstances of the driver who is placed in driving, and inquiries about the results of crackdown on drinking;

1. Previous conviction: Application of a written inquiry, such as criminal history (A) and of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he has been forced to drive drinking in a state of drinking.

However, the defendant reflects his depth in committing the crime, the details and circumstances before and after the crime, the age of the defendant.