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 August 21, 2014, the Defendant was issued a summary order of KRW 2 million by the Chuncheon District Court as a crime of violating the Road Traffic Act.

On March 24, 2020, at around 21:50, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of about 0.135% from the 1km section from the front of Pyeongtaek-si B to the front of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records, etc. and inquiry reports, the same criminal records and the application of summary order-related 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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Even though there was a record of punishment for the reason of sentencing under Article 62-2 of the Criminal Act, the instant drinking driving was conducted.

In this case, a traffic accident leading to a bus which was in the atmosphere of signal was caused during drinking driving.

(However, it is not prosecuted because a bus driver or any other person seems to have a great or specific personal damage has not been confirmed). This is high drinking level and is not short of driving distance.

In light of this point, the liability for the crime is not somewhat weak.

However, in addition to the fact that the defendant is against his mistake, the defendant shall be sentenced to punishment like the order, comprehensively taking into account various sentencing factors, such as the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, family relationship, health condition, etc.