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 15, 2008, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on December 15, 2008, the summary order of KRW 1.5 million for the same crime in the same court on December 19, 201, and the summary order of KRW 5 million for the same crime in the same court on May 7, 201, respectively.

Although the Defendant was punished as a crime of violating the Road Traffic Act as above, on August 26, 2020, the Defendant driven B rocketing car under the influence of alcohol content of about 0.190% from the section of about 1km to the road located in the 72-ro 17 Asan Sinsi-ro from the mutual influence on the roads in the Asan Sinsi-si Credit Union around August 26, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. The offender's place, the report on the autopsy of occurrence of the case, the report on internal investigation, the report on the circumstantial statement of the drinking driver, the vehicle and the photograph of drinking alcohol measurement, the report processing 112 case report, and the result of the crackdown on drinking driving;

1. Inquiry reports, such as criminal records, and reports on the results of confirmation before each disposition, and the application of 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is very high.

In the past, even though the defendant was fined three times due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

There was no accident.

No criminal punishment exceeding a fine shall be imposed.

In addition, the defendant's age, character and behavior, environment, and crime.