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 June 12, 2009, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court. On June 13, 2011, the Defendant was sentenced to a suspended sentence of KRW 2 million by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the same court.

【Criminal Facts】

On November 19, 2019, at around 00:44, the Defendant driven a CNFsian car while under the influence of alcohol content of about 0.118% from the 1km section from the Michuhol-gu Incheon City drawing to the front road of the same Gu.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A copy of the usage register of drunks;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for driving sound);

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;

2. Article 62 (1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of the sentence is not only abrupt of itself, but also a crime that can bring the life of an unspecified person, and is highly dangerous.

Although the Defendant was punished as drinking driving on a multiple occasions as stated in the record of the crime, he again commits the crime of this case, and the responsibility of the crime is heavy, and the possibility of social criticism is high.

The blood alcohol concentration is relatively high.

In addition, there are a number of criminal records against the defendant.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The defendant's age, character and conduct, environment, and crime.