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] The Defendant was issued a summary order of a fine of KRW 4 million on February 10, 2014 and a fine of KRW 4 million on December 19, 2016, respectively, in the Daejeon District Court’s Incheon Branch Branch for the violation of the Road Traffic Act.

【Criminal Facts】

On September 18, 2020, at around 06:55, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.245% in the section of about 50 meters from the front of the road located in the Dong-gu Seoul Metropolitan City, Chungcheongnam-gu B to the front of the Ecafeteria located in the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of G traffic accidents;

1. The actual condition survey report, accident site photograph, report on the occurrence of traffic accidents, notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, copy of the ledger using the drinking-free measuring instrument, and the circumstantial statement of the drinking driver;

1. Application of Acts and subordinate statutes of two copies of a summary order, such as criminal records;

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;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is very high.

In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

There was no personal damage.

No person shall be subject to criminal punishment, except twice the above fine.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.