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 March 8, 2016, the Defendant received a summary order of KRW 5 million from the Gangnam Branch Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving) and has two same criminal records.

【Criminal Facts】

On September 22, 2019, at around 03:50 on September 22, 2019, the Defendant driven Cho-do in the state of alcohol alcohol concentration of about 0.138% at a section of about 30 km from the front parking lot of Gangnam-si, Seoul, to the point of Pyeongtaek-gun Incheon, Seowon-si, Incheon.

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. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (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, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant has been punished twice prior to the instant case; the Defendant also has a history of having been punished twice as a drinking driving; the Defendant is an expressway at the place where the Defendant driven under the influence of alcohol is a place where the Defendant was running under the influence of alcohol and there was a risk of a big accident, such as causing a single traffic accident due to drinking: (a) the Defendant recognized the crime, and the Defendant would not drive under the influence of alcohol again, such as selling the vehicle possessed by the Defendant, etc.; and (b) the Defendant’s age, character and behavior, the circumstances of the crime, and the circumstances after the crime are revealed in the records and arguments of the instant case.