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 June 5, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon-gu branch on September 5, 2009, and a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) in the same court on September 17, 2010, respectively, and on April 10, 2013, the same court was sentenced to a fine of KRW 7 million as a crime of violation of the Road Traffic Act (driving).

At around 08:40 on July 26, 2020, the Defendant driven an E Mabrib-car car from the front side of C in the Cheongju-si Petition-gu Office B to the front side of D in the same Gu, while under the influence of alcohol of 0.134% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) 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 sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the defendant inasmuch as the defendant committed the instant crime even though he/she had three times a previous conviction of the same kind of drinking driving, as in the judgment of the court below.

However, in full view of all the circumstances, including the Defendant’s recognition of the instant crime and the mistake, and the fact that there is no record of criminal punishment other than the above drunk driving, and the degree of alcohol concentration and driving distance of the instant blood alcohol, the Defendant’s age, character and conduct, and the circumstances before and after the instant crime, etc., the sentencing conditions specified in the records and arguments shall be determined as ordered.