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 April 5, 2007, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court’s Gunsan Branch on April 5, 2007 and KRW 2.5 million as a fine in the above court on April 19, 2017.

On September 10, 2020, the Defendant driven a Fsch Rexn sports car in the state of alcohol with approximately 40 meters alcohol concentration of about 0.156% from the 40-meter section to the front road of the “E” restaurant located in Sinsan-si B, Sinsan-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: A written reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of power), copy of summary order, and application of one copy of the summary order;

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 been sentenced to a suspended sentence due to drinking driving in the past and had been punished for the same kind of crime several times, it is highly likely to be subject to criticism and there is no room for justification.

However, the defendant commits a crime.