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 June 2, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daejeon District Court's Incheon District Court's branch office.

On July 22, 2020, the Defendant, who was under the influence of alcohol and was punished by driving a motor vehicle, etc., driving a motor vehicle, etc., which was under the influence of alcohol at approximately 0.041% of blood alcohol concentration at the 2km section from the Asan-si parking lot located in the Asan-si B to the front road of D apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the report on the situation of drinking driving, and the photograph of the site of detection;

1. Previous convictions in judgment: Criminal records, investigation reports (related to the same criminal records as the suspect), and application of relevant summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect the defendant's wrongness, the defendant's spouse desires to take a preference while his/her guidance, and the defendant again commits the crime of this case despite the fact that he/she had been sentenced one time to a fine due to the same kind of crime. The blood alcohol concentration and driving distance in this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions shown in the argument of this case shall be determined as ordered in consideration of all the following factors.