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 February 28, 2018, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on February 28, 201.

On June 14, 2020, at around 00:14, the Defendant driven a Dap Motor Vehicle B while under the influence of alcohol concentration of about 0.243% at a section of about 1.3km from the front of the year, which is 849 to the unification of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, to the front of the 365 Gap Police Station.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statements, investigation reports on the results of the control of drinking driving, criminal records, etc. and investigation reports on the accused's criminal records, investigation reports (attached to 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;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving in 2018, the Defendant also driven the instant drinking alcohol at the same time, and the blood alcohol concentration at the time of the instant case is very high.

In addition, the accident occurred due to the drinking driving of this case.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not mislead such mistake, the punishment as ordered shall be determined by taking into account the various circumstances, such as the driving distance of the case, age, character and conduct of the defendant, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments.