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 history] On January 28, 2008, the Defendant issued a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) at red support of the Daejeon District Court on January 28, 2008, and a fine of KRW 4 million as a crime of violating road traffic law (drinking driving) at the Seocheon Branch of the Daejeon District Court on March 14, 2019.

[Criminal facts] On December 12, 2020, the Defendant driven a C low-speed car while under the influence of alcohol content of 0.159% in blood on the roads near the Seo-gu Seoul Metropolitan Government “Bel” in Seo-gu, Seo-gu, Seocheon-gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Report on the occurrence of traffic accidents by the defendant's legal statement D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. On-site photographs, CCTVs, and black images;

1. Voluntary submission and confirmation letter, and report on the motor vehicle accident on the seizure list;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and review of investigation status (the previous confirmation of criminal history);

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 violating the Road Traffic Act;

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.

Even though the defendant was punished for driving a light drinking in 2019 as stated in the ruling, he/she is not subject to the punishment for driving a light drinking in 2019, and he/she is not subject to the punishment for such crime.

The amount of alcohol concentration in blood is relatively high.

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

The distance of drinking driving seems not to be relatively long.

(b) other.