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 December 19, 2017, the Defendant received a summary order of KRW 3 million for a fine of KRW 1 million as a crime of the Road Traffic Act, in the support of the Daejeon District Court in Incheon District Court.

피고인은 2019. 10. 16. 22:45경 천안시 동남구 청당동 소재 상호미상의 주점 앞 도로에서부터 같은 구 구성동 충절오거리 앞 도로에 이르기까지 약 2km 구간에서 혈중알콜농도 0.126%의 술에 취한 상태로 B 팰리세이드 승용차를 운전하였다.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the ledger using the drinking-free measuring instrument, notification of the results of the regulation of drinking-driving, circumstantial statements of drinking-free drivers, and investigation report (report on the status of drinking-free drivers);

1. Previous convictions indicated in judgment: Criminal records, US records and results of confirmation, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is recognized and against the defendant's wrongness, and the branch of the defendant wanting to take the defendant's guidance, and the defendant again committed the crime of this case despite the previous conviction in the judgment. The defendant again committed the crime of this case by taking into account the blood alcohol concentration and driving distance of this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions shown in the argument of this case into account.