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 history] On April 10, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law at the Seoul Eastern District Court on the following grounds: (a) on January 20, 2010, the Defendant was issued a summary order of two million won for the same crime at the Seoul Central District Court.

[Criminal facts] On November 20, 2020, the Defendant driven the EMW car under the influence of alcohol level 0.131% while under the influence of alcohol level 0.131%, from the front of the B apartment on November 20, 2020 to the front of the C apartment in the same city.

Therefore, although the defendant had a record of punishment for drinking driving, he again driven the car under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of regulating driving of drinking alcohol and a report on the situation of driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation of the previous personal history), text of judgment, and copies of summary order in two copies;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case in which the defendant had been punished for driving under drinking, and the defendant's liability for the crime of this case is not exceptionally applied.

However, the Defendant stated that the facts charged are recognized and against the Defendant, the driving distance of drinking (400 meters) is relatively shorter, the Defendant did not have a sentence, and the Defendant was making efforts not to drive drinking by using the agency prior to the instant crime, but on the date of the instant crime, the instant case was driven under the short premise of the other party to the transaction, which is close to the other party’s house at a distance necessary for the seal imprint, and the interval between the time when the previous punishment was imposed and the date when the instant crime was committed, etc., are considered as favorable to the Defendant.