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

[Criminal Power] On December 27, 2018, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court on December 27, 2018.

【Criminal Facts】

Although the Defendant had a record of violating the prohibition of drinking driving, as stated in the criminal records, the Defendant driven a car at an Asan City parking lot B at approximately KRW 1m in the section of about August 23, 2020, while under the influence of alcohol 0.227% at around August 23, 2020.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident, wear of accident, and photograph of the scene of accident;

1. Investigation report (report on the circumstances of an immigration driver);

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. Article 148-2(1) of the Road Traffic Act (Article 148-2(3)1 of the Act on the Punishment, etc. of Criminal Facts and the Selection of Penalty) (Article 148-2(1) of the Road Traffic Act (Article 148-2(3)1 of the Act on the Punishment, etc. of Criminal Facts and Article 144(1) of the Act on the Punishment,

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant is punished as a drinking driving, but he is re-driving, and the responsibility for such crime is not less complicated.

The blood alcohol concentration is also very high.

However, there is no distance from the defendant's drinking driving.

There is no power of punishment heavier than a fine.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, and the crime.