A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 27, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Changwon District Court on December 27, 2016; on February 10, 2017, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic laws at the Changwon District Court on February 10, 2017; and on December 14, 2017, the Defendant was sentenced to a suspended sentence of KRW 10 million for a crime of violating road traffic laws at the Changwon District Court on December 14, 2017.

[Criminal facts] On September 12, 2020, the Defendant driven a motor vehicle in the E-mail while under the influence of alcohol leveling 0.165% from the 1km section from the front of the “C” restaurant located in Kimhae-si B to the front of the same city road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction on which a statement on the circumstances of a driver who is placed in the main place is made, an investigation report, and a report on the results of crackdown on drinking driving: Application of an inquiry letter, such as criminal history, and an investigation report (verification of past criminal records against a suspect) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. In light of the following: (a) the Defendant for the reasons of sentencing under Article 62-2 of the Criminal Act, including the record of the crime subject to suspended sentence, committed the instant crime despite the fact that the Defendant had the same record of driving drinking three times, including the record of the crime subject to suspended sentence; (b) the distance of driving drinking is not less than 1 km; and (c) the blood alcohol concentration level was very high at the time of committing the crime, the sentence of sentence against the Defendant need not be considered.

However, the defendant's mistake from the investigative agency to this court is divided in depth and does not repeat again, and the defendant suffers hospitalized treatment.