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 April 27, 2009, the Defendant received a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 1,00,000 as a fine in the same court on May 11, 2009.

【Criminal Facts】

On June 30, 2020, at around 22:38, the Defendant driven a DPovoon car owned by the Defendant at approximately 5m section while under the influence of alcohol concentration of 0.11% in the C Parking Lot located in Jongno-gu Seoul Metropolitan Government “C Parking Lot”.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F’s statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Reports on the statement of the state of drinking practice, and photographs of the control site at the reporting of the drinking control results;

1. Dable boxes, video CDs, Gbox images, CDs;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records and investigation status (verification of summary order of a suspect A- existing penal records) 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] 2 to 5 years (whether sentencing guidelines are applied] of imprisonment, 2 to 5 years (whether sentencing guidelines are applied] of this case is not set, and the sentencing guidelines are not applied.

[Decision of Sentence] In light of the fact that the Defendant, for a two-year period of suspended sentence, had the history of criminal punishment several times due to drunk driving and unlicensed driving, committed the instant drinking driving, and that the blood alcohol concentration is significantly high and the occurrence of a traffic accident, it is inevitable to punish the Defendant with severe punishment corresponding to such act.

However, the defendant's own.