A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court.

Nevertheless, on September 12, 2020, the Defendant driven two freight vehicles with alcohol content of about 0.093% in the 1.5km section from the Do near Mapo-gu Seoul to the front road of the same Gu, around 22:42, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, and photographs of the control site on the statement of the situation of the driver;

1. A previous conviction in judgment: A written inquiry, such as criminal history, (A), an investigation report (Attachment of a summary order for driving alcohol), and application of a summary order under statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of selective punishment for committing a crime (see, e.g., for the following reasons for sentencing)

1. In light of the reason for sentencing under Article 62(1) of the Criminal Act (reward of the reason for sentencing) of the suspended sentence (reward of the reason for sentencing), the statutory punishment for the drinking crime is continuously aggravated due to serious social harm caused by the driving of drinking, changes in the legal sentiment of the general public, etc., there is a need to strictly punish the drinking crime.

Even though the defendant was punished once as a crime of violating the Road Traffic Act (drinking driving), the liability for the crime is not weak due to driving of drinking at once.

[The favorable circumstances] Defendant would not drive drinking again while reflecting his depth

There are many things.

At the time of the instant case, the Defendant’s blood alcohol concentration was not significantly high.

The history of punishment for the same crime is about 12 years, and except that, the defendant has no record of criminal punishment.

In addition, the age, sex, environment, and motive and motive of the crime of the defendant.