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 December 17, 2008, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 1,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

On April 2, 2020, the Defendant driven a car in D deemed to be under the influence of alcohol with approximately 0.140% of alcohol level in the section of approximately 350 meters from the front of Yongsan-gu Seoul to the front of the same Gu C on the road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's legal statement, inquiry into the results of the influence of drinking, driving and crackdown, investigation reports on the circumstantial statements of drinking drivers (the date and distance of driving) criminal records, inquiry reports, and investigation reports (Attachment of criminal records of the same kind of suspect);

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. Prior to the reason for sentencing under Article 62-2 of the Criminal Act, the Defendant, even though he was punished for three times or drinking driving, was running the instant drinking operation.

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the defendant again does not commit such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as drinking water in this case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the oral proceedings.