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

[criminal power] On June 20, 2006, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court’s Daegu District Court’s Branch on March 28, 2013, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On March 27, 2015, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Daegu District Court’s Branch on March 27, 2015.

【Criminal Facts】

On February 22, 2020, at around 23:40, the Defendant driven a E-Poter truck with approximately 500 meters alcohol level 0.137% under the influence of alcohol level from the front road of Daegu Suwon-gu D apartment construction site to the front road of the new construction site of Daegu Suwon-gu D apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, investigation report (report on the status of a drinking driver), inquiry into the results of the control of drinking driving, making an inquiry into the results of the control of drinking driving, making an inquiry into the register of driver's licenses, and making the results of

1. Previous convictions in judgment: Criminal records and investigation reports (verification of criminal records of the same kind as a suspect and application of 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. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

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 has a duty to prevent traffic accidents and to ensure safe driving.