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 August 14, 2014, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court’s branch branch, and on August 30, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s branch.

【Criminal Facts】

On April 16, 2020: (a) around 02:15, the Defendant driven a F-to-purd motor vehicle from the front side of the Michuhol-gu Incheon Metropolitan City B to the front side of the E convenience store located in Nam-gu, Incheon Metropolitan City, with a blood alcohol concentration of about 0.161% under the influence of alcohol at around 3.5km.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, repeated statements, confirmation of the same record, and application of two-yearly summary orders;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Determination of sentence: A two-year suspended sentence of imprisonment with prison labor for the defendant has already been sentenced to a fine for a drunk driving on two occasions, and the defendant has already been sentenced to a fine for a drunk driving, and the two-year suspended sentence has already been sentenced to a fine for a drunk driving, and thus, the defendant has been subject to a strict punishment; the defendant has a significant degree of blood alcohol level at the time of detection; and the distance of a drunk driving has not been shorter than the length of the defendant's oral arguments, including the character and behavior, the background and method of the crime, and the circumstances after the crime, etc., the defendant shall be ordered to provide probation and undergo community service and attend lectures together, and the sentence shall be determined