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 November 12, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court, and on February 17, 2014, the above court issued a summary order of KRW 3 million for the same crime.

On March 14, 2020, at around 3:20, the Defendant driven a D self-purd vehicle with a blood alcohol concentration of about 0.129% while under the influence of alcohol at the 3km section from the front of the Gunsan-si to the third-distance road behind the Gunsan-si, Simsan-si.

As a result, the defendant has driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and the making inquiry into the enemy (D);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drinking driving, it is highly likely to be criticized in that he has re-driving with the condition of drinking driving.

However, the defendant reflects in depth the crime, the circumstances before and after the crime, and the defendant.