However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

[criminal history] On June 28, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million due to a crime of violating the Road Traffic Act in the Gunsan Support of the Jeonju District Court, and a fine of KRW 2 million with the same court on June 25, 2012.

[The facts of the crime] On November 19, 2020, the Defendant driven a car at the B Committee, with alcohol concentration of about 0.119% at the distance of about 5km from the 5km to the adjacent road to the intersection of the bridge in Korea located in the same sprink of the same city from the roads adjacent to the sprink in the Asan-si, Asan-si, Asan-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and review of investigation status (the previous confirmation of criminal history);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for offenses of violation of traffic laws on roads as stated in the judgment.

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

The defendant, like the records in the ruling, is punished for driving under drinking more than one time, and is not subject to the punishment of the crime.

The amount of alcohol concentration in blood is relatively high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The history of punishment for the previous drinking driving is about 8 years.

The age, sex, and environment of the defendant.