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 October 5, 2010, the Defendant was issued a summary order of KRW 2 million at the Cheongju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 11, 2020, at around 05:09, the Defendant driven a car at C Ttota Camp in the state of alcohol alcohol concentration of approximately 0.204% from the section of approximately 3.3km to the long-term agricultural and industrial complex inciting the transmission from the front of the Bamomoto to the intersection of the city of official city.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1, 2, report on actual condition), report on appraisal request (the concentration of blood alcohol), report on detection of drinking drivers, and investigation report (the concentration of blood alcohol);

1. An accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than five years; and

2. Determination of sentence: The sentence shall be determined as per the order, comprehensively taking into account all the factors of sentencing specified in the records and trial process of this case, including two years of imprisonment, three years of suspended sentence, and the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The fact that a person commits a crime of drinking again even though he had a previous record of drinking driving, and repeatedly commits a crime of drinking again; that blood alcohol level is high; that the circumstances favorable to the fact that a dangerous accident of the defendant's vehicle takes place; that the person's vehicle is recognized and reflected; that person has no record of crime except that he/she has been punished by a fine for drinking driving