A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 11, 2004, the Defendant driven a motor vehicle under the influence of alcohol level of 0.091% on a condition of under the influence of alcohol level of 0.091% and was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Youngju District Court’s Young-dong Branch on April 2, 2004 (see, e.g., Supreme Court Decision 2004Da486) (see, e.g., Supreme Court Decision 7545, May 31, 2005) with respect to the criminal facts of the above summary order, the pertinent provision of the relevant Act refers to Articles 107-2 subparag. 1 and 41

On August 30, 2009, while driving a motor vehicle under the influence of alcohol content of 0.068% on a blood alcohol level, and received a summary order of KRW 700,000 as a fine for the same crime in the same support.

(209 Highly 848) On November 26, 2019, the Defendant driven Ckiki van under the influence of alcohol concentration of about 0.075% in the section of about 8km from the 19:30 on November 26, 2019 to the front of the gambling distance in the Gamba-gun, Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and 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. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is one of the important factors that increase the frequency of accidents and threaten not only drinking drivers but also other people's life and body. As social damage caused by drinking driving increases, it is necessary to impose heavy responsibility on drinking drivers.

The defendants are driving under drinking twice each other.