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 January 23, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the safe flow of water sources.

On December 26, 2020, around 23:10, the Defendant driven a D low-speed car with a alcohol content of 0.102% from the 20km section from the 20km section of blood alcohol to the 919-2 road in the military, Sinsan-si, B, the Defendant’s will.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on a traffic accident, report on the scene of accident, photographs of accident vehicles, notification of the results of crackdown on drinking driving, report on the situation of the driver in charge of driving, and investigation report (report on the circumstances of the driver in charge of driving);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, (A), investigation report (verification of such previous convictions - a summary order);

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The provision of the statutory punishment for drinking driving at least twice under the Road Traffic Act, which provides for a fine of not less than 10,000, but not more than 20,000 won, is reflected in such legislative intent.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-imprisoned the drinking driving.

However, the defendant reflects his depth on the crime.