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 of the final judgment.

Punishment of the crime

[Criminal Power] On April 8, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court.

【Criminal Facts】

On August 7, 2019, at around 21:33, the Defendant driven a DNA car in the state of alcohol 0.160% alcohol level from the 4km section of approximately 4km to the roads in front of the high school located in Gangwon-gun, Gangwon-do, Gangwon-do, Gangwon-do.

Accordingly, the defendant was driving a motor vehicle more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: Criminal records, results of inquiry into criminal records, investigation reports, each judgment, and application of Acts and subordinate statutes of each summary order;

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 defendant's mistake in sentencing Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order is recognized.

However, even though the defendant had been subject to criminal punishment several times due to the same crime, he again committed the same crime.

The crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the blood alcohol concentration of the defendant at the time of the instant case.