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 April 30, 2015, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch on April 30, 2015.

【Criminal Facts】

On April 12, 2020, the Defendant violated Article 44(1) or (2) of the Road Traffic Act, but again, driven a FWW320d car while under the influence of alcohol content 0.107% in front of the “E” road located in the “C” restaurant located in Asan City B at the same time on April 12, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in G and H preparation;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. An accident site photograph;

1. Previous convictions in judgment: Application of criminal records, investigation reports (verification of suspect drinking records), and copies of summary order Acts and subordinate 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;

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

3. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant is punished as a drinking driving, but he is re-driving, and the responsibility for such crime is not less complicated.

The blood alcohol concentration is relatively high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

There is no power of punishment heavier than a fine.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime.