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 March 25, 2010, the Defendant issued a summary order of KRW 5 million with a fine of KRW 1 million for a violation of the Road Traffic Act, etc. at the Jeonju District Court’s Gunsan Branch on March 25, 2010, and on August 18, 2014, the above court issued a summary order of KRW 4 million with the same crime.

Although the Defendant had been punished for drunk driving as above, on September 14:10, 2019, the Defendant driven a motor vehicle owned by the Defendant in the state of alcohol 0.143% of blood alcohol concentration at approximately 16km from the 16km section to the front road of the D Hospital located in C from the Hasan-si B around September 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the circumstantial report on drinking drivers, and investigation report (report on the status of drinking drivers);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the same type of force), application of Acts and subordinate statutes of the 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 had already been punished twice due to drinking driving, it is highly likely to criticize that the Defendant repeats again in the state of high blood alcohol concentration.

However, the defendant reflects his depth in committing the crime, the details and the situation before and after the crime, the age of the defendant.