A defendant shall be punished by imprisonment for not more than ten months.

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

[criminal power] On December 7, 2006, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act. On December 12, 2012, the Defendant received a summary order of KRW 3,50,000 from the Suwon District Court to a fine of KRW 3.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on March 18, 2019, at around 05:20, the Defendant driven a car at Crecing in about 4km from the area near the water zone in the city of Sungnam-si to the upper end of the Graeb in the area of about 0.120% under the influence of alcohol level on March 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. The actual situation survey report, traffic accident report, notification of the results of the drinking driving control, the report on the state of drinking drivers, field photographs, and the inquiry of points of the violation accident;

1. The driver's license ledger, the chassis, and the mandatory insurance bureau;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

The defendant was punished by a fine on driving under influence of alcohol in 2006 and 2012, but is again punished.