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

[criminal power] On October 12, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving) and KRW 3 million by the same court on September 3, 2014.

【Criminal Facts】

On April 25, 2020, at around 22:30, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.122% in a section of about 30 meters from the front of Daegu Jung-gu to the front of Daegu Jung-gu D.

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

Summary of Evidence

1. Defendant’s legal statement, state-finding report, investigation report, notification of the results of the drinking driving control, entry into the vehicle register, and vehicle driving license register;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (previous and confirmation - Two copies of 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 result of drinking driving.