A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 28, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon Friwon.

On September 20, 2020, the Defendant driven DWz’s car under the influence of alcohol with approximately 0.128% alcohol concentration at the 1km section from around the 1km section from around the cafeteria road in the B of the Gunsan-si, the U.S. Sinsan-si, the U.S. Sinsan-si, to the C front road in the Gunsan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports (report on the situation of the driver who is placed in the driving), and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (Attachment of a copy of the same summary order) and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-imprisoned the drinking driving.

However, the defendant reflects his depth in committing the crime, the circumstances before and after the crime, the age of the defendant, and the family environment.