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

On September 6, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on November 25, 2015, a summary order of KRW 3 million for the same crime at the Seoul Central District Court.

On October 8, 2020, the Defendant driven CK5 vehicle under the influence of alcohol by 0.170% from the portion of approximately 10km to the 10km away from the ri-title cafeteria in the Seo-gu, Seo-gu, Seocheon-si, Seocheon-gu, Seocheon-gu to the front day of the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. 112 Reporting case handling table;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction of each disposition, reporting on the result thereof, and applying a copy of each summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

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 sentencing criteria are not prepared for offenses of violation of traffic laws on roads as stated in the judgment.

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

The defendant, as stated in the ruling, is punished for driving under drinking, but is again driving under drinking, and the liability for such crime is not somewhat weak.

The amount of alcohol concentration in blood is also relatively high.

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

There is no power of punishment heavier than a fine.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and attitude of the crime, and crime.