A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On July 9, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on July 9, 2012, and on November 4, 2016, the Defendant issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (driving) at the Incheon District Court’s Branch of the Daejeon District Court on November 4, 2016.

On June 26, 2020, at around 01:37, the Defendant driven a fenz car at approximately 500 meters away from the front of the C cafeteria located in Asan City B to the front of the E Traz located in Asan City D, while under the influence of alcohol by 0.124% of blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. On-site photographs reported as a result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes (suspect A's previous records and confirmation);

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. Reasons for sentencing under Article 62-2 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, like the records in the judgment, has been punished two times as a fine due to drinking driving, and again, driving under the influence of alcohol is not easy.

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.

In addition, 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.