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 March 17, 2014, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court.

On March 5, 2020, at around 21:28, the Defendant driven a DNA string car with a blood alcohol concentration of 0.181% from the 3km section from the street in the front of the C, North Korea, 382, to the shooting distance of the gas station in India, the Defendant driven a DNA stringing car with a blood alcohol content of 0.181%.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drunk driving, it is highly likely to criticize the Defendant in that he has re-drawed to drive under the influence of drinking.

However, the defendant reflects his depth in committing a crime, taking into account all the conditions of sentencing, including the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., and the scope of the term of punishment reduced only once.