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 October 17, 2017, the Defendant was notified of a summary order of a fine of seven million won due to a violation of the Road Traffic Act, etc. in the Seo-gu District Court's branch branch court (Seoul District Court), and on March 29, 2018, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) in the Daegu District Court's Kimcheon branch court (Seoul District Court).

On October 3, 2019, at around 05:58, the Defendant driven B cruise car under the influence of alcohol content of about 0.143% in the section of approximately 6km from the 6km to the front road in front of the 6km-si, Gyeongdong Housing located in the Gyeongdong-gu, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Reports on internal investigation by the police;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to report criminal investigation by the prosecution (verification of records of the suspension of the same kind

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Probation and Criminal Act Article 62-2 of the Medical Treatment and Custody Act, and Article 44-2 of the Medical Treatment and Custody Act are three times or more and the period of suspension of the same kind of suspension of execution. However, in full view of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment for eradicating harm caused by drinking driving, re-driving the drinking alcohol again after the implementation of the current Road Traffic Act, which significantly strengthened the control standards and statutory punishment, the blood alcohol concentration exceeds the revocation standards, and the fact that the maximum period of control during the new wall hours seems to be high, and that the risk of re-offending is very high, and thus, it is likely that the defendant will drive very roughly and very serious danger of rioting, so a sentence of imprisonment shall be selected by requiring a strict warning: Provided, That the defendant disposes of the vehicle in order not to repeat the crime, and