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 became final and conclusive.

Punishment of the crime

On September 29, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the general military court of the Air Force Military Branch.

On October 13, 2020, at around 01:10, the Defendant driven a DNA car with a blood alcohol concentration of about 0.137% while under the influence of alcohol from about 1km to the front road of the same city, from around 01:10, the Defendant driven a DNA car with a blood alcohol concentration of about 0.137%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. On-site photographs and CDs;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal results;

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. Grounds for sentencing under Article 62 (1) 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. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant is punished as a drinking driving, but he is re-driving, and the responsibility for such crime is not less complicated.

The blood alcohol concentration is relatively high.

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

Only one penalty force for a fine shall be the same.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, circumstances before and after the crime, etc. shall be determined by taking into account the various circumstances shown in the arguments of this case, such as the distance of drinking driving, the age, character and behavior, and