A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The Defendant received a summary order of KRW 1.5 million from Daegu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act on November 15, 2005; a summary order of KRW 3.5 million for a violation of the Road Traffic Act on August 30, 2006; and a fine of KRW 2 million for a violation of the Road Traffic Act on November 29, 2006; a summary order of KRW 2.5 million for a violation of the Road Traffic Act on November 12, 2010; a summary order of KRW 2.5 million for a fine of KRW 3 million for a violation of the Road Traffic Act on April 4, 2012; and a summary order of KRW 3 million for a violation of the Road Traffic Act on October 16, 2013; and a suspended sentence of imprisonment for a violation of the Road Traffic Act on August 28, 2013.

On December 13, 2019, at around 03:30, the Defendant driven a E-high-est car at approximately 1 km section from the Defendant’s house located in G in the Gyeongbuk-gun to the front road of D High School located in C, while under the influence of alcohol of 0.091% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (Attachment to the same type of force judgment);

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 62 (1) of the Criminal Act;

1. Although the period of punishment for drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act was six times (including a suspended sentence of imprisonment), in full view of the following: (a) the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty, re-influences drinking driving after the implementation of the Road Traffic Act; (b) the blood alcohol level exceeds the revocation standards; and (c) the blood alcohol level exceeds the revocation standards; and (d) it appears that the drinking control is difficult during the new wall hours, and the risk of re-offending is very rough and highly likely.