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 became final and conclusive.

Punishment of the crime

On December 24, 2012, the defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on December 24, 2012.

On July 9, 2020, the Defendant driven an EK5 vehicle from the Y apartment in the Dong-gu Seoul Metropolitan City to the 10km of the D convenience store, while under the influence of alcohol of 0.052% of blood alcohol level on July 9, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. The circumstantial statement of the employee;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. An accident-related photograph;

1. The actual condition survey report;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

The defendant is punished due to drinking driving as stated in the ruling, but he is re-driving, and his liability for such crime is not easy.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The defendant's blood alcohol concentration is relatively low because he/she was able to drive under the influence of alcohol in the preceding day after he/she was under the influence of alcohol and after he/she was under the influence of the water.

There is no power of punishment heavier than a fine.

The defendant's age, character and conduct, environment, and crime.