A defendant shall be punished by imprisonment for one year.

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 March 20, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) in support of the Sungnam branch of Suwon Friwon on March 20, and on July 9, 2018, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

On August 8, 2020, the Defendant driven an E rocketing car under the influence of alcohol concentration of approximately 0.185% in a section of about 1 km from around 21:16, Namyang-si, B, to the front side of D in Yangyang-si, Namyang-si.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Reports on legal statements by defendants on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and a copy of a summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime under the influence of alcohol content 0.185% during the blood transfusion even though he had been punished twice due to drinking driving even before the Defendant committed the instant crime.

The defendant's driving of the drinking of this case caused an accident that meets the requirements of the driving of the drinking of this case.

Considering the gap between the defendant's driving force of drinking alcohol and the fact that the amount of alcohol concentration is high, it is necessary to severe punishment corresponding to the defendant's liability.

However, the defendant's recognition of the crime of this case is against the defendant, there is no criminal punishment exceeding the fine, there is a child who supports the defendant, and the defendant does not drive again, and the car siren contract is concluded.