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 June 9, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.

As above, the Defendant driven the E-wing and freight III vehicle from March 6, 2020, around 01:32, at the end of Kimpo-si, Kimpo-si, Kimpo-si, to the roads in front of the D restaurant located in the same city, with approximately 70 meters alcohol concentration of about 0.124%, while under the influence of alcohol.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Previous records of the defendant's legal statement, the statement of the situation of the driver, the CCTV closure report as a result of the drinking driving control, and the previous records of the ruling: Application of criminal records, etc. and copies of summary order statutes;

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

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

Although the defendant was punished twice due to drunk driving (2003 and around 2014), he/she has committed a second crime (2003 and around 2014) and has a large amount of liability for such crime.

In addition, the defendant realized the specific risk of drinking driving by generating contact accidents, and considering the state of taking the defendant's drinking at the time, it seems that there was a high concern about human life accidents.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and there is a need to strictize it in consideration of social danger and harm.

The current Road Traffic Act has been greatly strengthened with the social demand to eradicate the harmful effects of drinking driving.

Provided, That the defendant's age, occupation, family relationship, personality and conduct, environment, etc. are considered as favorable circumstances, such as the fact that the defendant seems to be against himself/herself while recognizing the crime.