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

On November 7, 2011, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and on May 14, 2012, the same court received a summary order of KRW 3.5 million as a crime of violating the Road Traffic Act and received a fine of KRW 3.5 million from the same court on May 14, 2012, and violated Article 44(1) of the Road Traffic Act.

On March 15, 2020, at least 01:10, the Defendant driven a motor vehicle under the influence of alcohol of about 200 meters with blood alcohol concentration of at least 0.181% from a 200-meter section from the front of a restaurant located in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu to the entrance of B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on the arrest of the case, report on the result of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, site photograph, and the ledger using the drinking measuring instrument;

1. Application of a reply to inquiry, such as criminal records, and a 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;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is very high to 0.181%.

It is highly dangerous to engage in the act of cutting off the vehicle on the crosswalk in the direction of the road at the Hando road, and then locking the vehicle on the crosswalk.

Above all, even though the defendant was sentenced to three times a fine due to drinking driving in the past, 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 is no criminal punishment other than three times of a fine due to a drunk driving.

In addition, various circumstances revealed in the trial process, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the situation after the crime.