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 November 4, 201, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On September 8, 2020, around 23:50, the Defendant driven a Malaysia car with approximately 0.202% of alcohol concentration at approximately 5km at the entrance of the parking lot for the Han River Citizens Park located in Seocho-gu Seoul, Seocho-gu, Seoul, from the Do near the Seoul Forest. to the Do near the Seoul Forest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, a record of drinking measurement, and notification of the results of the crackdown on drinking driving;

1. The criminal place;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation status (verification of suspect criminal records) Acts and subordinate 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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing [the scope of applicable sentencing] under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] two to five years [whether or not the sentencing guidelines are applied] of imprisonment, and the crime of this case is not set with sentencing guidelines. Thus, the sentencing guidelines are not applied.

[Decision of Sentence] The defendant for a two-year period of suspended sentence is already subject to criminal punishment for a two-year period of imprisonment, and considering the fact that the defendant committed the blood alcohol level and the blood alcohol level very high, it is necessary to punish the defendant with strict punishment corresponding to the act.

However, the defendant's mistake and reflects his own mistake, and the drinking driving of this case does not lead to traffic accidents, and prior to the case, a fine is imposed.