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 20, 2015, the Defendant was issued a summary order of KRW 4 million at the Changwon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act at the Busan District Court on November 9, 2015.

【Criminal Facts】

On June 30, 2020, at around 01:15, the Defendant started on the road in front of the C cafeteria located in Kimhae-si B, and driven an eM525 vehicle while under the influence of alcohol concentration of about 0.191% at the section of approximately 200 meters to the C cafeteria again via D hotel.

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

Summary of Evidence

1. A written statement prepared by the defendant in his legal statement, the results of the drinking driving control conducted, and the investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports and summary order Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, including the previous previous convictions, committed the instant crime again even though the Defendant had been punished four times or more due to drinking driving (a suspended sentence of fine or imprisonment), and the Defendant’s blood alcohol concentration is very high at the time of committing the instant crime.

On the other hand, considering the favorable circumstances in which the defendant recognized the crime of this case and reflected it, the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances revealed in pleading, etc. shall be determined as ordered by the text.