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 July 9, 2012, the Defendant received a summary order of a fine of KRW 3 million from the Daejeon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act. The Defendant violated Article 44(1) of the Road Traffic Act.

【Criminal Facts】

On May 30, 2020, at around 00:13, the Defendant driven a F K 7 car under the influence of alcohol with a blood alcohol concentration of about 0.186% from the 2km section of approximately 2km to the front of the same Gu D apartment E-dong, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the crackdown and proper launch of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The circumstantial statement of the employee;

1. 112 reported case handling table;

1. On-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, and 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. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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.

Although the defendant has been punished several times due to drinking driving, he/she is again driving and his/her responsibility for such crime is not weak.

The blood alcohol concentration is relatively high.

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

In addition, the order is issued only once by taking into account the following circumstances, such as the fact that the mother is supporting alone, the age, character and conduct, the environment, the motive and background leading to the crime, the method and manner of the crime, the circumstances before and after the crime, etc.