A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On January 19, 2007, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court on January 19, 2007; on August 30, 2010, the above court received a summary order of KRW 5 million for the same crime; and on November 21, 2014, the Jeonju District Court was sentenced to a suspended sentence of two years for a period of eight months.

On June 29, 2020, at around 15:00, the Defendant driven the E Cost Engine with the alcohol concentration of about 0.104% in the section of about 8km from the Do University apartment parking lot to the roads in front of the Do University Industry Cooperation Foundation, the Defendant was under the influence of alcohol level of 0.104%.

As a result, the Defendant was driving a breath in the state of alcohol in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the state of driver's standing and statement, investigation reports, and notification of the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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. Considering the risk of an accident that causes the driving of a motor vehicle in the current road traffic situation where many unspecified persons habitually use the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for sentencing), and the possibility of causing a serious damage therefrom, there is a high social need to reduce the driving of a motor vehicle.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

The defendant already had a record of criminal punishment for five times due to drinking driving, and even though he was sentenced to a suspended sentence of imprisonment, he re-driving without any warning.