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

[criminal power] On July 25, 2012, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Suwon District Court on July 25, 2012, and on May 20, 2015, the same court received a summary order of a fine of four million won for the same crime.

【Criminal Facts】

Although the Defendant had been punished for violating the Road Traffic Act as above, at around 01:27 July 28, 2020, the Defendant driven C Lasta car with the 20km alcohol level of 0.153% under the influence of alcohol level from the roads near the Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul to the roads front the Dong-gu, Yannam-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs of an accident site report on the circumstances of a drinking driver;

1. A traffic accident report;

1. Previous records of judgment: Application of criminal records, inquiry records, case inquiry, and summary order (3 cases)-related 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.

The defendant, like the records in the judgment, is punished twice or more due to drinking driving, but he does not be subject to the punishment of the crime.

The blood alcohol concentration is relatively high.

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

There is no power of punishment heavier than a fine.

The defendant's age, character and conduct, environment, and crime.