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

【Criminal Power】 On December 17, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court, and on November 15, 201, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Daegu District Court.

【Criminal Facts” around 02:45 on December 28, 2019, the Defendant driven a DNA car at a section of about 500 meters from the old end of Daegu-gu B Hotel to the old end of the same Gu, while under the influence of alcohol 0.065% of 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 actual state of state of a driver, license register, and next inquiry into the driver;

1. Previous convictions: Application of criminal records and investigation reports (Attachment of identical records to suspects)-related Acts and subordinate statutes;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The sentencing criteria shall not apply;

2. On September 25, 2018, a citizen, who suffered a traffic accident due to drinking driving, was placed in a brain-dead state and eventually, a case of loss of life occurred.

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 to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

The drinking driving itself can lead to a serious loss of human life.