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 March 2, 2017, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving as above, at around 03:49 on May 04, 2020, the Defendant driven D 3 automobiles while under the influence of alcohol with approximately 0.215% of alcohol concentration from the 1km section from the front of Seocheon-si B to the front of C in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. For the accused's legal statement, his/her circumstantial statement, his/her circumstantial statement, his/her report on drinking driving control results, his/her previous judgment on site photographs: The application of criminal records, his/her return, and

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

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The reason for sentencing is that the defendant committed a second offense even if he had the same criminal record, and the alcohol concentration of the defendant at the time is 0.215% higher than that of the defendant's blood.

Furthermore, the defendant shocked the traffic signs installed on the road in the state of driving, and realized the concrete risk of drinking driving, and in light of the degree of damage and the location of accident, there is a high possibility of criticism because it might lead to a large number of accidents of human life.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.

The current Road Traffic Act has greatly strengthened the control standards and statutory punishment due to the social request to eradicate the harm of drinking driving.

However, it shall be taken into consideration in favor of the fact that the defendant recognized the crime, and reflects the fact that the defendant committed the crime, and other defendants.