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 7, 2007, the defendant was issued a summary order of KRW 700,000 to the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On August 5, 2019, the Defendant had been punished for drunk driving as above, but around 06:0 on August 5, 2019, the Defendant driven a DNA rocketing car with the blood alcohol concentration of about 0.205% from the front parking lot of Busan B apartment Cdong to the entrance of the parking lot at approximately 30 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report prepared by E, F, G, H, I, and J;

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

1. A report on the actual state of the driver;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A traffic accident report;

1. Scenes images of the accident video;

1. Two copies of accident video CDs;

1. Previous convictions in judgment: Application of one copy of the criminal records and summary order;

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;

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. Although the defendant who was sentenced to punishment before being sentenced to driving under drinking again, the nature of the crime in this case is not good; and

The defendant's blood alcohol concentration is very high.

Many vehicles caused by the defendant were damaged, and the degree of damage is not easy.

These points are disadvantageous to the defendant.

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

The defendant's punishment power of drinking is about 10 years prior to the lapse of 10 years, and only one fine due to drinking driving is punished.

The defendant was driving in the apartment parking lot.