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 July 29, 2016, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On June 13, 2020, the Defendant driven an E-5 vehicle under the influence of alcohol 0.252% in a section of about 200 meters from the front of the “C” road in Sam-si, Sam-si, 00:10, to D in the front of the C, while under the influence of alcohol 0.252%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Reports on traffic accidents, on-site photographs;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and requires strict punishment. The circumstances favorable to the Defendant, even though having been punished once before the instant case, are favorable to the fact that he/she had a history of being punished for driving under drinking prior to the instant case: the Defendant would not drive under drinking again while he/she reflects the Defendant’s crime; further, the Defendant’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc. are considered and determined as the order by taking into account various sentencing conditions as shown in the instant records and arguments.