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 May 17, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court for a violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving, at around 22:40 on September 28, 2019, the Defendant driven a DNA liquid sports vehicle owned by himself/herself under the influence of alcohol level of about 300 meters from the front side of the “C” in Gunsan-si B to the front side of the studio in the trade name in the U.S.buk-dong from around 300 meters to the 0.104% alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

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 is likely to be criticized in that the Defendant once again re-drawed the drinking driving even though he had already been punished due to drinking driving.

However, all kinds of sentencing, such as the defendant's deep reflects on the crime, the circumstances before and after the crime, the age of the defendant, family environment, etc.