A defendant shall be punished by imprisonment for a term of one year and three months.

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

Punishment of the crime

On January 22, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on January 22, 2015. On February 6, 2018, the Defendant received a summary order of KRW 3 million as a fine for the same crime in the same court.

around 05:23 on April 18, 2020, the Defendant driven a Bercedes-AM C434 Matic car at approximately 50 meters in a state of alcohol alcohol concentration of about 0.103% in a state of being drunk from the frequency of the trade name in Yongsan-gu, Yongsan-gu, Busan to the public health clinic shooting range of about 59 to the day of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of and reporting on the violation of the Road Traffic Act, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Records of driving under the influence of judgment: Application of second-class Acts and subordinate statutes to criminal records, etc. inquiry reports and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

In light of the fact that the Defendant had been punished twice or more due to drinking driving, and again carried out the instant drinking driving, the blood alcohol level is 0.103%, and the Defendant stopped on the Han-do road under the influence of alcohol, etc., it is necessary to strictly punish the Defendant.

However, the fact that the defendant recognized his mistake and divided, and the driving distance is not long.