A defendant shall be punished by imprisonment for not less than one year and six months.

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 16, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daegu District Court on September 16, 201.

Nevertheless, on April 4, 2020, the Defendant started from the Daegu Southern-gu B apartment parking lot on April 4, 2020, and driven D-car in the state of drinking alcohol concentration of about 0.092% in the 2km section from around 2km to the front road of the same Gu C.

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

Summary of Evidence

1. Notice of the defendant's legal statement, the results of the drinking driving control, the report on the status of drinking drivers, investigation reports, the register of driver's licenses, etc.;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (limited to the same type of electricity and summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

The risk of traffic accidents is very high solely on the ground that there was no serious loss of human life as a result of drinking driving.