A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On January 11, 2017, the defendant is a person who has three same criminal records, including imprisonment with labor for a period of ten months for the violation of the Road Traffic Act in the Gangnam Branch of the Chuncheon District Court as well as imprisonment with labor for a period of two years for suspension of execution.

1. On September 30, 2019, at around 14:58, the Defendant driven a BM car within a two-km radius from the front side of the head of the Suwon-gu Ho-gu Ho-gu Hoon Hocheon-ro to the front side of the construction site of approximately 3075-1416 local highway, in a three-dimensional manner, while under the influence of alcohol by blood alcohol concentration of 0.188%.

2. On October 12, 2019, at around 11:35, the Defendant driven the said BM car from a section of about 900 meters from C front to D front at a tri-si, Sam-si, the alcohol level of 0.154% under the influence of alcohol at around 0.35.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of each host driver;

1. Notification of the results of regulating drinking driving;

1. Each investigation report (for example, a report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are disadvantageous to the punishment of concurrent crimes: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the defendant has been punished three times by a fine due to drinking driving, suspension of the execution of imprisonment, etc.; the defendant committed the crime under paragraph (2) of the holding after being discovered by the crime under paragraph (1) of the holding and being investigated by the police; the defendant's criminal history and the wall of drinking driving are likely to enhance the risk of recidivism; and the defendant's blood alcohol concentration was also high at the time of drinking driving.