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 October 12, 2015, the Defendant was sentenced to a summary order of a fine of one million won for a violation of road traffic law in the Incheon District Court's Busan District Court's Branch Branch on October 12, 2015, and on May 3, 2018, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of road traffic law at the Seoul Southern District Court's Southern District Court.

On June 24, 2020, at around 02:02, the Defendant driven the E-E-purged vehicle from the front of the C Rehabilitation Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, to the front road of the D-si in light of approximately 6km alcohol concentration at approximately 0.122%, while under the influence of alcohol.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver who takes the driving, output of the measurement of drinking, and notification of the result of regulating drinking driving;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of overall circumstances, such as the fact that a person drives drinking again in the same month after the period of probation has elapsed since he/she was sentenced to a suspended sentence for the reason of sentencing under Article 62-2 of the Criminal Act due to the driving of drinking alcohol, the frequency of punishment for driving alcohol, the amount of alcohol concentration in the blood, the driving history, etc.;