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

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

Punishment of the crime

On June 13, 2012, the Defendant was issued a summary order of KRW 5 million on July 18, 2012 as a crime of violating the Road Traffic Act (Refusal of Drinking Measures) at the Youngju District Court Support on July 18, 2012 by failing to comply with a police officer’s drinking test despite a considerable reason to recognize that he/she was driving a motor vehicle under the influence of alcohol.

(2012. Around 20:55 on December 23, 2019, the Defendant driven a Cdecent passenger vehicle with a blood alcohol concentration of about 0.172% while under the influence of alcohol at approximately 7.5km in the section of approximately 7.5km in front of the east-dong, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant violated Article 44 (1) or (2) 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) and (2) 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 the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of accidents is high, which may cause a huge threat to not only drinking drivers themselves but also other people's lives, bodies, etc., and social damage caused by drunk driving is increased. Therefore, it is necessary to impose strict liability on drinking drivers.

As seen earlier, the Defendant, in addition to the punishment for a violation of the Road Traffic Act (Refusal of measurement), was also punished on May 27, 2005 by driving a motor vehicle under the influence of alcohol level of 0.084% on May 27, 2005, and was punished as a violation of the Road Traffic Act (driving). The Defendant driving a motor vehicle without obtaining a driver’s license on September 4, 2013.