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 February 19, 2009, the Defendant issued a summary order of KRW 2 million in fines for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on February 19, 2009, and the above court issued a summary order of KRW 4 million in fines for the same crime, etc. on November 30, 2009.

On October 25, 2019, at around 00:33, the Defendant driven a Dsch Rexton motor vehicle on the roads near the C, “C” located in Isan-si, while under the influence of alcohol of 0.154% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), investigation reports (verification of the same criminal records - attaching a copy of summary order), and application of two copies of summary order Acts and subordinate statutes of two copies;

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 a history of criminal punishment due to drinking driving, he/she is likely to be criticized in that he/she once re-driving.

However, the defendant is in profoundly against the crime, considering various conditions of sentencing, such as the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., within the period of punishment that has been mitigated only once.