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 May 28, 2018, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 4 million as a crime of violation of the Road Traffic Act at the Daejeon District Court on May 28, 2018, and a summary order of KRW 1.5 million as a fine for the same crime at the same court on July 20, 2018.

【Criminal Facts】

On June 7, 2020, at around 04:21, the Defendant driven the BK 7 car under the influence of alcohol with approximately 10km alcohol concentration of 0.197% from the 10km road in front of the cafeteria cafeteria cafeteria, Seo-gu, Cheongju-si, Cheongju-si, to the front road of the U.S. Dong-gu, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the crackdown on drinking driving, and statement in circumstances of a drinking driver;

1. Suppression photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 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. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

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.

Even though the defendant was punished as a fine due to drinking driving as stated in the ruling, he is not subject to the punishment of the crime.

The blood alcohol concentration is also a relatively high part.

The distance of drinking driving is also short.

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, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, and circumstances before and after the crime.