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 August 18, 2014, the Defendant issued a summary order of KRW 3,000,000 as a crime of violation of the Road Traffic Act, and on March 5, 2015, the Seoul Southern District Court issued a summary order of KRW 5,00,000 as a fine for the same crime.

【Criminal Facts】

Around 21:00 on April 17, 2020, the Defendant driven C C C C cr cruise car at a section of about 15 km from the French-dong in Seongbuk-gu Seoul to the front road in Seocho-gu Seoul, Seongbuk-gu, Seoul, while under the influence of alcohol by 0.12%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report (1) (1)

1. Report on the circumstantial statements of a drinking driver, and a record of drinking measurements;

1. Photographs of an accident vehicle;

1. Blue boxes and video CDs;

1. Each investigation report (at least the situation report of the driver concerned and the application of the Rodmark formula).

1. Previous records of judgment: Criminal records and investigation reports (limited to filing of copies of criminal records and summary orders made by a suspect A);

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 applicable sentences] 2 to 5 years (whether sentencing guidelines are applied] of imprisonment, 2 to 5 years (whether sentencing guidelines are applied] of this case is not set, and the sentencing guidelines are not applied.

[Decision of Sentence] In light of the fact that the Defendant, for a two-year period of suspended sentence, had had a history of criminal punishment several times due to drunk driving, committed the instant drunk driving even though he/she had already been subject to criminal punishment, and that the blood alcohol concentration significantly high and the occurrence of a traffic accident may cause an injury, a strict punishment corresponding to the Defendant’s act is imposed.