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 November 11, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Busan District Court’s Branch.

【Criminal Facts】

On April 14, 2020, at around 02:25, the Defendant, while under the influence of alcohol of 0.138% of blood alcohol level, was driving C Leh-ro car at approximately 10km from the roads near the Yari-si in Gyeonggi-do to the river northwest-gu in Seoul, Yongsan-gu.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the criminal defendant's legal statement, the criminal history records, investigation reports, and summary order reports on detection of the criminal defendant's driver;

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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished for drinking driving four times in total, including that he was punished for drinking driving in 2016, and was also driving under the influence of drinking in this case.

In addition, even though the Defendant received a broadcast to stop a vehicle from the police vehicle called upon the Defendant’s vehicle at the time of the instant case to the effect that the Defendant was making a drunk driving, the Defendant’s failure to stop the vehicle and was found to stop the vehicle on the police vehicle and was found to have a drunk driving, and thus the Defendant’s liability for the crime

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the defendant again does not commit such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.