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 became final and conclusive.

Punishment of the crime

[Criminal Power] On June 18, 2010, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and has the record of violating Article 44(1) of the Road Traffic Act.

【Criminal Facts】

On June 9, 2020, around 20:50 on June 20, 2020, the Defendant driven a e-mail kid vehicle with a 0.105% alcohol concentration from around 800 meters away from the roads in front of Dong-gu, Chungcheongnam-gu, Seoul to the front of D in the same Gu C, and driven a breath not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Grounds for sentencing under Article 62 (1) 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 a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

Even though the defendant was punished as a fine due to drinking driving as stated in the ruling, he is not subject to the punishment of the crime.

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

There is no power of punishment heavier than a fine.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.