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

[criminal power] On August 23, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on October 8, 2014, issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On November 23, 2019, at around 02:50, the Defendant driven a DNA EXE car in the state of alcohol alcohol concentration of about 0.151% from the 150-meter section from Asan City B apartment to the front road of the Seo-gu, Western-gu, Seoan City.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of drinking drivers;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The user ledger of the measuring instruments for drinking;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for driving sound);

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. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 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 the sentence is not only abrupt of himself but also a crime in which the life of an unbrush person can be taken, and the risk of such a crime is high.

Although the Defendant was punished by a fine on two occasions or for drinking driving, such as the statement in the records of the criminal records in the judgment, he/she again commits the instant crime, and the responsibility for such crime is heavy, and there is a high possibility of social criticism.

The blood alcohol concentration is relatively high.

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

There are only two penalties for drunk driving, and there is no history of punishment heavier than the fine.

The age, age, and age of the defendant.