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 5, 2006, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

On August 29, 2020, at around 21:08, the Defendant driven a 1 ton cargo vehicle E in the condition of alcohol concentration of about 0.231% while under the influence of alcohol at approximately 100 meters from the roads near the Dong-gu, Chungcheongnam-gu, Seoul to the roads adjacent to the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on driving under influence of alcohol, report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and written appraisal;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of punishment records for driving a motor vehicle);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is very high to 0.231%.

In the past, even though the defendant was fined once due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

In addition, there was no damage to others.

No person shall be subject to criminal punishment, except for a fine not exceeding twice.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.