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 October 11, 2010, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on June 23, 2014, this Court issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 14, 2020: (a) around 02:10, the Defendant driven a clance car while under the influence of alcohol level of 0.163% in a section of about 500 meters from the Do in the Gangnam-gu Seoul Seo-dong to the front road of the same Gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and report on the circumstances of a drinking driver;

1. Control note;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 had already been subject to criminal punishment several times due to drunk driving, and that the blood alcohol concentration is very high, it is inevitable to punish the Defendant with severe punishment corresponding to the act.

However, the defendant's mistake and reflects his own mistake, the drinking driving of this case does not lead to the occurrence of traffic accident, and it goes beyond the fine prior to this case.