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 February 22, 2013, the Defendant issued a summary order of KRW 4 million on the ground of a violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on February 22, 2013 and a fine of KRW 5 million on December 11, 2013 in the same court.

On August 7, 2019, at around 23:55, the Defendant driven a D 2-line cargo vehicle while under the influence of alcohol concentration of about 0.208% in a section of about 300 meters from the original city B apartment to the front of the same city C.

As a result, the defendant was punished for a drunk driving and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports (A), investigation reports (Attachment of the same type of power, attachment of the summary order - Two copies of the summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 142-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

Defendant driven under the influence of alcohol of 0.208%, and has caused traffic accidents.

(The vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and this part is not prosecuted). The favorable circumstances: the defendant is relatively short distance.

Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In addition, the sentencing shown in the argument of this case, such as the age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.