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 September 1, 2016, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 24, 2020, at around 06:16, the Defendant driven a fenz car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.20% from the 100-meter section to the front of the Eve shop located in Eunpyeong-gu Seoul, Seoul.

Accordingly, the defendant violated the prohibition of re-offending of drunk driving more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes of one copy of summary order to the defendant's statutory statement, statement, results of the crackdown on drinking driving, circumstantial statements of a drinking driver, criminal records records, investigation reports (Attachment of the same kind of power), and 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for drunk driving and unlicensed driving respectively in 2016 and 2012, but the instant drinking driving was also conducted at the same time, and the blood alcohol concentration level at the time of the instant case is very high.

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the defendant again does not commit such a mistake.

In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.