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 August 12, 2010, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine for a violation of the Road Traffic Act in the same court on October 12, 2012.

On July 4, 2020, at around 06:10, the Defendant driven a DM5 vehicle under the influence of alcohol of about 1km from the 1km section to the front road of the Sea State Station in the Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Yan-gu to the front road in C in the same city-nam-gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, ledger of use of a drinking measuring instrument, field photographs, 112 report handling table and appraisal report;

1. Application of double copies of the inquiry report, such as criminal records, and the output of the relevant summary order to the 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 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 requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high.

The danger of the act is also high, such as the cost of diving on the road while driving under influence.

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.

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

There was no accident.

There is no criminal punishment other than twice the fine for the above drunk driving.

In addition, the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime are considered as the order.