A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On January 7, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law in the support of the Daejeon District Court on the Incheon District Court, and on January 26, 2015, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (driving), and on April 19, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a crime of violating road traffic law (driving), in the red support of the Daejeon District Court on April 19, 2016.

[Fact of crime] On 23, 2020. 01:22, the Defendant driven D NAS car in the state of alcohol alcohol concentration of approximately 0.175% from the 17km section to the road of the rest area in Asan City, from the 3,000 m. 79 m. m. 79 m. m. to the m. m. of the trade name in the Sinsan City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

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

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

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for offenses of violation of traffic laws on roads as stated in the judgment.

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

The defendant, like the records in the ruling, is punished for driving under drinking more than one time, and is not subject to the punishment of the crime.

The amount of alcohol concentration in blood is very high.

However, the Defendant committed the instant crime.