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 September 27, 2010, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on March 8, 2011, respectively.

At around 01:30 on July 11, 2020, the Defendant driven an EK5 vehicle at approximately 300 meters from the 300m section to the front road of the D convenience store located in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, the Defendant driven a alcohol level of 0.13% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the traffic accident report (1), report on the occurrence of a traffic accident, site photograph of an accident, report on the circumstances of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, and copy of the ledger using a drinking-free measuring instrument;

1. Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high by 0.13%.

In the past, even though the Defendant was sentenced to a fine twice due to drinking driving and one time due to driving without a license, the Defendant has a high possibility of criticism in that it committed the instant crime.

However, the defendant recognizes his mistake and is against his will.

There was no personal and material damage.

No person shall be subject to criminal punishment, except three times of the fine above.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.