A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2, 2005, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1.5 million for the same crime at the Daejeon District Court on July 7, 2005, and a fine of KRW 1 million for the same crime at the same court on December 29, 2005. On May 30, 2008, the Defendant was sentenced to a summary order of KRW 4 million for the same crime at the same court on May 30, 2008. On November 8, 2010, the Defendant was sentenced to a summary order of KRW 5 million for a fine of KRW 5 million for the same crime at the same court on April 7, 2011.

Criminal facts

On July 12, 2020, the Defendant: (a) around 07:47, from the Do in front of C Station C located in Dobong-gu Seoul Metropolitan Government to the front road of D in the same Gu, the charge charged with 0.156% of alcohol level in blood at about 300 meters was “0.165% of alcohol level in blood”; (b) at the time of the evidence recording, the Defendant’s blood alcohol level at around 0.156%.”

It is reasonable to see that even if the alcohol concentration in the above blood is recognized, it is difficult to see that it causes disadvantages to the defendant's right of defense, and it is corrected and recognized ex officio without any changes in indictment.

The EM5 vehicle was driven while under the influence of alcohol.

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

Summary of Evidence

1. The application of Acts and subordinate statutes, such as the defendant's legal notice of the result of regulating the driving of drinking alcohol, inquiry about criminal records of the driver's circumstantial statements, and the application of the Daejeon District Court Decision 2005 High Court Decision 2553

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and imprisonment with prison labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has the record of violating the Road Traffic Act due to drinking alcohol, and the crime is committed and the crime is committed in light of the degree of alcohol concentration among the blood of this case.