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

On June 18, 2010, the Defendant issued a summary order of KRW 5 million as a fine for the violation of the Road Traffic Act, etc. in the Daejeon District Court's branch court on June 18, 2010, and KRW 3.5 million as a fine for the same crime in the same court on May 14, 2012.

On February 21, 2020, at around 21:35, the Defendant driven a BN-si car within a approximately 7km distance from the commercial area in the Seo-gu, Seoan-dong, Seoan-dong to the long distance from the two stations in the same Dong-dong, Seoan-gu, Seoan-si, Seoul, while under the influence of alcohol of 0.03% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control of drinking driving and report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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;

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. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

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.

The defendant is punished due to drinking driving as stated in the ruling, but he is re-driving, and his liability for such crime is not easy.

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

Finally, a considerable period of time has passed since 2012 for the last punishment for drinking driving.

There is no power of punishment heavier than a fine.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, circumstances before and after the crime, etc. are considered.