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 July 30, 2008, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court on July 30, 2008.

Around 05:03 on December 24, 2019, the Defendant, who was punished for drunk driving, driven B QM3 car under the influence of alcohol content 0.070% at the section of about 2km from the day before the mutual influent drinking road in Asan City to the front road, Asan City, Masi-ro 234-gil 2, an Asan City, Sinsi-ro 2,00 to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Five copies of the notification of the results of the crackdown on drinking driving, the results of the crackdown on drinking driving, a copy of the ledger using the measuring instrument, the report on the circumstantial statements of drinking drivers, the report on the circumstances of drinking driving, and five copies of the photograph of the driving before an abane terminal;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and reports on the results of confirmation on the disposition failure;

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 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.

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.

The risk of the act is high, such as the opening of a road while driving.

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

The blood alcohol concentration level measured is not very high.

No person shall be subject to criminal punishment, except twice a fine due to drinking driving.

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.