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 July 26, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and on May 4, 2016, the above court issued a summary order of KRW 3 million for the same crime.

On July 21, 2020, at around 21:30, the Defendant driven a Dice A car from approximately 2 km section from the Do in front of the Hosan movable property Dong, to the CFT, located in B, while under the influence of alcohol of 0.113% of blood alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Previous convictions indicated in judgment: Criminal history records, reply reports, investigation reports (Attachment of the same kind of power), and application of Acts and subordinate statutes of a copy of 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.

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