A defendant shall be punished by imprisonment for not less than 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 February 3, 2010, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Road Traffic Act, in the Hongsung Branch of Daejeon District Court.

around 9:40 on July 6, 2020, while under the influence of alcohol content of 0.265%, the Defendant driven a efline car from approximately 21 km to the front road of “D” located in the Do in Sinsan-si, Sinsan-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on circumstantial statements of drivers, investigation reports, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power - copies of summary orders, etc.);

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 been able to be punished due to drinking driving, the Defendant has a large possibility of criticism and there is no room for justification in that he has re-undertakeed the drinking driving in the state of drinking.

However, all kinds of sentencing, such as the defendant's deep reflects on the crime, the circumstances before and after the crime, the age of the defendant, family environment, etc.