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 August 23, 2017, the Defendant received a summary order of KRW 1,50,00,000 as a fine for the violation of the Road Traffic Act in the Jeonju District Court’s military mountain support.

On March 22, 2020, at around 4:49, the Defendant driven a B LV car in the state of alcohol with a blood alcohol concentration of 0.167% from the 2km section from around 66 km to the 6-lane 30,000.

As a result, the defendant has driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the regulation of drinking driving, and photographs of the site of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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 already been punished for drinking driving, it is highly likely to criticize the Defendant in that he 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., and mitigation is conducted only once.