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 of the final judgment.

Punishment of the crime

[Criminal Power] On September 24, 2009, the Defendant was sentenced to a fine of KRW 4 million in the same court on February 17, 2010.

【Criminal Facts】

At around 21:50 on March 19, 2020, the Defendant driven a F E-cub motor vehicle from the front side of C in Gangwon Yangyang-gun B to the front road located in D in the same Gun, while under the influence of alcohol content of 0.085% of alcohol content.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, notification on the results of the control of drinking driving, the next inquiry, and investigation report (temporary correction of crime date and time);

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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 defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the same kind of crime even though he/she had many records of punishment for the same kind of crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

However, the defendant's mistake is recognized, and the defendant's last punishment for the same kind of crime is about 10 years prior to this case.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.