A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

On November 23, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 3 million as a fine in the same court on June 23, 2014.

Nevertheless, at around 21:00 on June 23, 2020, the Defendant driven an Epic vehicle from the front of the “C cafeteria” road located in the Hamp-gun, Hamn-gun, Hamn-gun, Seoul, to the front road of the same Dou-gun, while under the influence of alcohol by 0.185% of alcohol level.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a photo at the scene of an accident, a report on the circumstantial statements of a drinking driver, a notification of the results of the drinking-driving

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (at least twice the same kind of suspect records);

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. The suspended sentence of Article 62(1) of the Criminal Act is not only a drunk driving once again conducted even though it was punished as a drunk driving on several occasions for the reason of sentencing, but also the degree of blood alcohol concentration is very high to commit the crime.

Therefore, it shall be punished by imprisonment with prison labor, and the period of suspension of execution shall be 4 years, considering the fact that there is no punishment heavier than a fine until now, and the execution of the punishment shall be suspended at the same time, and the period of suspension of execution shall be 4 years.