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 December 1, 2008, the Defendant issued a summary order of KRW 1,00,000 as a penalty for a violation of the Road Traffic Act at the Cheongju District Court on December 1, 2008, and a summary order of KRW 4,00,000 as a penalty in this Court on May 13, 2015.

【Criminal Facts】

On November 26, 2019, at around 23:25, the Defendant driven a car with Cnice while under the influence of alcohol with approximately 0.146% of alcohol level 0.146% in the section of about 1km from the Seocho-gu Seoul Metropolitan Government to the front roads of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Records of measurement of drinking alcohol, reports on the circumstantial statements of drinking drivers, and notification of the results of regulation of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment] 2-5 years to 2-5 years to 2-year imprisonment (decision of sentence] The defendant committed the instant drinking driving even though he had had the record of criminal punishment several times due to drinking driving, and the defendant committed the instant drinking driving in addition, taking into account the fact that the blood alcohol concentration is considerably high, the criminal liability of the defendant is not weak.

However, in light of the fact that the defendant shows the appearance of realizing and opposing his mistake, there is no record of criminal punishment beyond the fine prior to the instant case, and other factors such as the defendant's age, character and conduct, environment, details and motive of the crime, means and consequence of the crime, etc., the punishment shall be determined as ordered by the order in consideration of all the factors of sentencing specified in the present argument, including the circumstances after the crime.