Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 30, 2009, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Seoggu District Court's branch court's order on November 30, 2009; on October 20, 2010, the same court notified each of the summary order of KRW 3 million for the same crime; on April 25, 2012, the Daegu District Court sentenced the fine of KRW 5 million for the same crime; and on June 23, 2016, the same court was sentenced to the suspension of the execution of imprisonment of six months for the same crime.

On May 19, 2020, at around 08:15, the Defendant driven a Daz car under the influence of alcohol leveling 0.093% in a section of about 10km from the Do in front of the “Ccafeteria” in Sungju-gun, Sung-gun, Do, from the Do, to the Dondong-gu, Doldong-gu, Pacific-ri.

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

Summary of Evidence

1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;

1. Reports on the statement of the situation of a drinking driver, and photographs of the accident scene as a result of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (report on confirmation of the same kind of suspect records);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although Article 62(1) of the Act on Probation and Order to Attend the Punishment of Drinking Driving under Article 62-2 of the Criminal Act has been 4 times (including a suspended sentence once) the punishment of the reason for the sentencing of Article 62-2 of the Criminal Act, comprehensively taking account of the following: (a) the control standards and statutory punishment were significantly strengthened after the implementation of the current Road Traffic Act; (b) the traffic facilities are shocked while driving under the influence of alcohol; and (c) the degree of blood alcohol level exceeds the revocation standards; and (d) the risk of recidivism is likely to occur in light of the drinking habits and the personality and conduct of the Act, a serious warning is issued to prevent recidivism.