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 June 30, 2014, the Defendant was issued a summary order of KRW 4 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 20, 2020, at around 01:19, the Defendant driven a DNA motor vehicle while under the influence of alcohol leveling 0.287% from approximately 20 meters to around the road near Eunpyeong-gu Seoul Metropolitan Government B to the same Gu C.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement, drinking driving control documents, report on the occurrence of a case, investigation report (report on the non-application of the Madmark), criminal history records, etc. and investigation report (verification of suspect's identical records

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was that the Defendant was punished for drinking under the influence of alcohol in 2014, and the blood alcohol concentration level at the time of the instant case is very high.

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 defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.