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 April 17, 2015, the Defendant issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and on May 17, 2017, the above court issued a summary order of KRW 5 million for the same crime.

Around 3:00 on June 20, 2020, the Defendant driven a motor vehicle from the front Do of the “C” to the front Do of the entrance of the D Apartment at about 3km from the Do to the front Do of the entrance of the D apartment.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, and investigation report (the circumstantial report of the drinking driver), and investigation report (the calculation of the blood alcohol concentration);

1. Previous convictions indicated in judgment: Criminal history records, reply reports, investigation reports (Attachment of the same kind of power), and application of Acts and subordinate statutes of a copy of summary order;

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 has already been punished twice due to drinking driving, it is highly criticized in that he has been forced to drive under 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.