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

On November 3, 2006, the Defendant received a summary order of KRW 2,000,000 from the Changwon District Court due to a violation of the Road Traffic Act (driving). On September 5, 2011, the Defendant received a summary order of KRW 3,500,000 from the Changwon District Court due to a violation of the Road Traffic Act (driving). On October 17, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months.

On April 30, 2020, the Defendant driven the E-Poter Cargo Vehicle at approximately 700 meters from the front of Kimhae-si to the front of D in Kimhae-si, while under the influence of alcohol of 0.056% of blood alcohol level around 12:35.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act (including an order to undergo a diagnosis and treatment of alcohol dependence during the period of probation due to special matters to be observed, since it is deemed necessary to improve drinking habits in light of the Defendant’s health condition), the punishment shall be determined as ordered in consideration of the sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive for committing a crime, circumstances after committing a crime, etc.

The current Road Traffic Act was revised to attain the general preventive effect of punishment by strengthening the control standards and statutory punishment for drunk driving, eradicating social damage caused by drunk driving, and establishing a traffic order.

Drinking shall be made when a person drives a drinking motor vehicle by affecting his/her physical ability.