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 became final and conclusive.

Punishment of the crime

[criminal power] On November 4, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Daejeon District Court's Branch on November 4, 2009, and a summary order of KRW 5 million as a fine for the same crime in the same court on September 21, 2012.

【Criminal Facts】

Around 20:50 on June 11, 2020, the Defendant driven a F knife vehicle from the 300-meter section from the front side of the road located in Seoanbuk-gu, Seoan-gu, Seoan-si to the front side of the E in D, while under the influence of alcohol at least 0.13% of alcohol content at a 0.13%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, crackdown on the violation of the Road Traffic Act;

1. Previous convictions indicated in judgment: Application of two copies of the criminal history records, investigation reports, and summary order issued by two 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;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

Even though the defendant was punished as a fine due to drinking driving as stated in the ruling, he is not subject to the punishment of the crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

There is no power of punishment heavier than a fine.

The distance of drinking driving is relatively short.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.