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 March 21, 2008, the Defendant was issued a summary order of KRW 1,000,000 as a crime of violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

around 22:05 on September 15, 2020, the Defendant driven a DMW 320i car while under the influence of alcohol level of about 0.171% at the 4km section from the front of Gangnam-gu Seoul to the front of the same Gu C.

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 the crackdown on drinking drivers, the circumstantial statements of drinking drivers, and the circumstantial reports of drinking drivers;

1. Requests for appraisal;

1. On-site and vehicle photographs;

1. 112 reported case handling table;

1. Previous convictions in judgment: Application of criminal records, repeated statements, investigation reports (attached to the same criminal records and summary orders);

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing [the scope of applicable sentencing] under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] two to five years [whether or not the sentencing guidelines are applied] of imprisonment, and the crime of this case is not set with sentencing guidelines. Thus, the sentencing guidelines are not applied.

[Decision of Sentence] In light of the fact that the Defendant was already subject to criminal punishment several times due to drunk driving, and that the blood alcohol concentration is very high, the Defendant’s criminal liability for a two-year period of suspension of sentence is not somewhat weak.

However, the defendant's mistake and reflects, the driving of the drinking of this case does not lead to traffic accidents, there is no record of criminal punishment exceeding the fine prior to the case, and the age, character, environment, economic condition, family relationship, and family relationship of the defendant.