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 June 27, 2014, the Defendant received a summary order of KRW 4 million from the Daejeon District Court on May 16, 2018 to a fine of KRW 2 million for the same crime as a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court on June 27, 2014.

On September 25, 2020, the Defendant driven D rocketing car with approximately 200 meters alcohol concentration of about 0.224% from the public parking lot located in the Gasan-si around 21:35 to the C ahead of the road located in the same city in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, the ledger of measuring instruments for drinking, and the statement of the situation of the driver of drinking;

1. On-site photographs, investigation reports (CCTV verification and suspect driver's license verification), and CCTV image closures;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, recognize and reflects the defendant's mistake, and the defendant again committed the crime of this case despite the fact that he was punished twice by the same kind of crime. The defendant again committed the crime of this case, by taking into account the alcohol concentration and driving distance in the blood of this case, other defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions shown in the argument of this case.