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

[criminal power] On March 31, 2009, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on September 1, 2014, KRW 1.5 million for the same crime in the same court on September 1, 2014, and KRW 6 million for the same crime in the same court on August 19, 2015.

【Criminal Facts】

On April 11, 2020, the Defendant driven a eland of Grand City from around 500 meters to the front road located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-si, B apartment at around 0.132% of alcohol concentration, while under the influence of alcohol around 23:45 on April 11, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of occurrence of a traffic accident prepared by the F;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 the sentence is not only abrupt of himself but also a crime in which the life of an unbrush person can be taken, and the risk of such a crime is high.

The defendant, like the records in the judgment, is punished for a drinking driving on several occasions as stated in the judgment, and is again driving under the influence of alcohol, and the responsibility for such crime is not less complicated.

The blood alcohol concentration is relatively high.

These circumstances are disadvantageous to the defendant.

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

In other words, the defendant's age, character and conduct, environment, motive and circumstance leading to the crime, method and attitude of the crime, and so on.