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 December 26, 2008, the Defendant issued, at the Suwon District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving). On November 19, 2015, a fine of KRW 4 million for the same crime in the same court, and on January 4, 2017, a fine of KRW 8 million for the same crime, etc. at the same court.

【Criminal Facts】

On March 7, 2020, at around 20:30, the Defendant driven a C rocketing car not covered by the mandatory insurance in the state of alcohol alcohol concentration of approximately 0.225 km from the section of approximately 2.5 km to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, and notification of the results of the control of drinking driving (Evidence List Nos. 8, 9, 10);

1. Mandatory insurance policy (No. 14 No. 14);

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although the Defendant had been sentenced to criminal punishment for drunk driving, including the previous conviction in the judgment of the court, the Defendant committed the instant crime of drinking alcohol level at the time of the instant case, and the blood alcohol level level was very high at the time of the instant case and caused the contact accident.

As such, the Defendant appears to be infinitely responsible for compliance with traffic regulations or safety awareness, and due to such attitude and act of the Defendant, citizens who are in the road may suffer from harm to their lives and property.