A defendant shall be punished by imprisonment for one year.

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

On September 3, 2009, the defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on September 3, 2009, and a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the same court on December 31, 2013.

At around 00:40 on March 3, 2019, the Defendant driven a FMW 520d vehicle with approximately KRW 2 km from the street in the vicinity of the original city to the front road of the “E” located in D in the original city, in the state of alcohol of 0.11% of blood alcohol concentration of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (report on the confirmation of criminal records of the same kind of suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is the very high rate of recidivism.

Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.

D. Unfavorable circumstances: The crime of this case committed again with the record of punishment for drinking driving two or more times, but the statutory penalty for the crime of this case is imprisonment with prison labor for not less than one year but not more than three years, and the lower limit of the applicable sentences is up to one year.

After stopping on the road, the Defendant was in a state to the extent of locking.

The favorable circumstances: The defendant reflects the crime of this case in depth and disposes of the vehicle, etc. to prevent recidivism.