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 July 26, 2010, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act, and KRW 5 million by the above court on April 19, 2017.

Although the Defendant had a criminal record of criminal punishment twice or more due to a violation of the Road Traffic Act (driving) as above, he/she driven a Chigh-est motor vehicle around the entrance of the Bnd village in the military mountain at around July 14, 2019 while under the influence of alcohol with a blood alcohol concentration of 0.056% at around July 14, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy or abridged copy of the motor vehicle register, such as a circumstantial report on the driver, a written circumstantial statement of the driver, etc.;

1. Previous convictions indicated in judgment: Application of two copies of inquiry report and summary order copies, such as criminal records, etc.;

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 an accident that causes the driving of a motor vehicle 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 causing a serious damage therefrom, 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.

The Defendant has a strong possibility of criticism in that he once sentenced to criminal punishment due to drinking driving, even though he had already been sentenced to criminal punishment, once again makes a drinking driving.

However, considering all the conditions of sentencing, including the fact that the defendant is closely against the crime, the fact that there is no record of criminal punishment exceeding the fine, the details and contents of the crime, the age of the defendant, the family environment, etc.