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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 of the final judgment.
Reasons
Punishment of the crime
On May 30, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million for the same crime in the above court on October 17, 2017, respectively.
On October 29, 2019, at around 00:08, the Defendant driven a F benz car in the state of alcohol alcohol concentration of about 300 meters from around 00 meters to the front road of “E” located in Seo-gu Daejeon, Seo-gu, Daejeon.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Statement of actual condition, report on detection of a drinking driver, inquiry into the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, and report on the circumstances of a drinking driver;
1. The ledger of driver's licenses and certificate of automobile insurance subscription;
1. Accidentd vehicles and photographs of drinking;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes;
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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Persons of Distinguished Service to the State, the danger and harm of drinking driving is serious, the blood alcohol concentration at the time of the accident was high, actual occurrence of the accident, the distance between the last previous criminal record and the last criminal record was very large, the traffic distance was very small, the traffic distance was shorter, the victim was not injured, the defendant was covered by a comprehensive motor vehicle insurance, there is no particular criminal record except for the previous criminal record, and the defendant was a person who rendered distinguished
1. The order to provide community service and attend lectures is based on the criminal records, blood alcohol concentration, etc. under Article 62-2 of the Criminal Act;