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 August 30, 2012, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court’s Dong Branch Branch, and a summary order of KRW 2 million for the same crime from the Incheon District Court’s subsidiary branch on January 25, 2019, respectively.

Nevertheless, around 09:48 on May 12, 2019, the Defendant: (a) driven a car in a state of alcohol with approximately 100 meters alcohol concentration of about 0.204% in the section of approximately 100 meters from the vicinity of the “C” restaurant located in Seocheon-si B to the front road of Seocheon-si D.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Previouss: Criminal history records, replys, and application of Acts and subordinate statutes to the prosecution investigation report (verification of the same type of force);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed on the ground that the Defendant, who had been punished for drunk driving, does not run a motor vehicle again, and thus, the degree of blood alcohol level at the time of driving is 0.204% or less, and the crime of this case is not committed.

Drinking driving threatens not only the driver but also another person's life.

However, the fact that the defendant is led to confession and reflect, and that there is a history of being sentenced to the suspension of the execution of imprisonment for the same crime, but the fact that there is no record of being punished in excess of the fine for the same crime is considered as favorable to the defendant. In addition, the revision of the regulations on the punishment of drinking driving and the intention of the legislator is expressed.