A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On June 23, 2008, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on October 13, 2015, a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act was issued, respectively, at the Seo branch court of the Daegu District Court.

【Criminal Facts】 Although the Defendant had been in violation of the Road Traffic Act’s provision prohibiting driving under the influence of alcohol at least once, at around 10:40 on November 9, 2019, the Defendant driven an EM-5 vehicle under the influence of alcohol with approximately 1.4km alcohol concentration of about 0.201% at the section of 1.4km from the parking lot “D” to the “D” public parking lot in Yeongdeungpo-gun, Young-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the occurrence of a traffic accident, report on the results of the drinking driving control, report on the state of drinking drivers, the statement on the state of standing, and report on actual status;

1. On-site photographs and CCTV images;

1. Registers of driver's licenses, and car4;

1. Investigation report (specific driving distance);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (one copy of the same type of electric power-printed output of the summary order);

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Whether the sentencing criteria are applied;

2. On September 25, 2018, when a citizen was involved in a traffic accident due to a drunk driving on the grounds of sentencing, the citizen was placed in a brain-dead state and the case was eventually brought about to lose his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations on drivers such as motor vehicles to prevent traffic accidents and to ensure safe driving.