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

[criminal record] On August 30, 2016, the defendant was issued a summary order of a fine of one million won as a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court.

[Criminal Facts] On August 27, 2020, at around 22:55, the Defendant violated the provision on prohibition of drinking alcohol by driving a two or more times a restaurant in the vicinity of the school intersection distance in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-do to the use distance of approximately 3km from the 3km section to the 3rd-ro, dong-gu, dong-gu, dong-gu, dong-gu, Incheon-gu. to the 3km distance of 0.209% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, and inquiry of results;

1. The circumstantial statement statement, investigation report, investigation report, investigation report (1) (2) and on-site photograph;

1. Previous records before ruling: Application of criminal records, inquiry reports, and copies of summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

3. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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

There is only a fine for one time due to drinking driving.

In addition, the arguments of this case, such as the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, and circumstances before and after the crime, etc.