A defendant shall be punished by imprisonment for two years.

Provided, That 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 May 30, 2008, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court on the grounds of the violation of the Road Traffic Act.

【Criminal Facts】

On May 10, 2020, under the influence of alcohol 05:23% of blood alcohol concentration, the Defendant driven a DNA car within about 60 kilometers from the Do near the Yongsan-gu Incheon Metropolitan City "C" to the road located northwest-do in the Jung-gu Incheon Metropolitan City, Jung-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on actual condition, a report on the results of the control of drinking driving, a statement on the state of drinking drivers, and a photograph on the site of the accident;

1. Previous records of judgment: Criminal records, inquiry reports, criminal records of the same kind, application of court rulings, 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. The sentencing conditions under Article 51 of the Criminal Act, including the fact that an order to attend a course was unilaterally shocked by a vehicle parked on the side of the reasons for sentencing under Article 62-2 of the Criminal Act, and the driving distance is significant, the interval between the previous drinking driving force and the starting distance exceeds 10 years, the previous drinking driving force exceeds 10 years, and there is no particular penal power in addition to a fine sentenced on two occasions due to the crime of violating the Road Traffic Act, and the recognition of the crime and the refusal to repeat the crime, etc., shall be determined as per the order.