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 June 3, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Seocho District Court’s territorial branch on the following grounds: (a) on March 14, 2017, and (b) on March 14, 2017, the same court issued a fine of KRW 5 million as the same crime.

【Criminal Facts】

At around 19:00 on March 6, 2020, the Defendant driven Dworka car under the influence of alcohol leveling 0.166% from the 8km section of approximately 8km to the 50-2 road in the same knyang-gun C convenience store in Gangwon Yangyang-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results of the control of drinking driving, investigation report (report on the circumstances of a drinking driver), inquiry and investigation report, and investigation report;

1. Previous records: Criminal records, inquiry reports, confirmation of the same criminal records as the suspect, and application of Acts and subordinate statutes of a summary order;

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's mistake in sentencing of Article 62-2 of the Criminal Act is recognized for probation, community service, or lecture attendance order.

However, even though the defendant had a record of criminal punishment several times for the same crime, he again committed the same 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.

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.