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 February 2, 2018, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Seocho District Court’s territorial branch on February 2, 2018.

【Criminal Facts】

On September 11, 2019, the Defendant driven a Dap car under the influence of alcohol content of about 0.138% from the 5km section from the front of the C cafeteria located in Sincho-si B to the front of the entrance of the Johcho-si.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking alcohol driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and photographs related to driving under the influence of alcohol;

1. Records before judgment: Application of criminal records, results of inquiry and Acts and subordinate statutes;

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 punishment as ordered shall be determined by taking into account all the circumstances following the sentencing reasons under Article 62-2 of the Criminal Act, the circumstances leading to the instant crime, and the Defendant’s blood alcohol concentration level at the time of the instant case.

The defendant's mistake is recognized as a favorable circumstance.

Unfavorable circumstances: The defendant committed the same kind of crime even though he had a record of criminal punishment for the same kind of crime.

The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.