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 of the final judgment.

Punishment of the crime

[Criminal Power] On September 13, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Seocho District Court’s territorial branch.

【Criminal Facts】

around 05:30 on October 3, 2019, the Defendant driven DM7 car under the influence of alcohol content of about 1 0.108% from the 355m section to the 355-distance Intersection with the Cju shop located in Sucho-si B, Sucho-si around 05:30, 2019.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

around 07:30 on October 25, 2019, the Defendant driven a DM7 car under the influence of alcohol with approximately 1 k-m alcohol concentration of about 0.172% from the 1stm section to the H convenience store in the same city, from the 07:30 on the 07:30 on the 1st day before the Fju-si, Sincho-si.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Notification of the result of the control of drinking and driving of each of the accused's statutory statements, the circumstantial statements of each of the drinking drivers, each investigation report (report on the circumstances of the drinking drivers) and the next investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant's error in sentencing of Article 62-2 of the Criminal Act is recognized for probation, community service, or lecture attendance order, and the motor vehicle was disposed after this case.

However, despite the record of punishment for the same kind of crime, the defendant has committed the same crime repeatedly in a short time.

In addition, it is probable that the crime of drinking driving will pose a risk to life, body and property of a third party.