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

On March 31, 2009, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on March 31, 2009, and on June 26, 2013, the Defendant was issued a summary order of KRW 5 million with a fine for a violation of the Road Traffic Act.

On July 27, 2019, at around 20:10, the Defendant driven a DNA car with a blood alcohol concentration of 0.197% while under the influence of alcohol in about 400 meters from the Do near B amusement park located in Chungcheongnam-si, Namyang-si to the front road of the same City.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for two to five years;

2. No sentencing criteria shall be set;

3. In addition, even if the Defendant was punished for the violation of the Road Traffic Act (driving) around 1999, around 2002, around 2009, and around 2013, the Defendant committed the instant crime. Considering that the distance between the previous penal records of the instant case and the blood alcohol concentration at 0.197% exceeds 0.197%, the Defendant’s age, character and behavior, family relationship, motive and means of the instant crime, circumstances after the crime, etc., and the Defendant’s old sentence (two years and six months of imprisonment) as indicated in the instant records and arguments are comprehensively considered.