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 history] On September 2, 2013, the Defendant was punished twice for a violation of road traffic law (drinking driving), such as receiving a summary order of a fine of three million won for a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court on September 2, 2013.

[Criminal facts] On October 18, 2020, the Defendant driven C Radon car with alcohol concentration of approximately 0.204% in the section of approximately 15 km from C to C Hadon-dong at the time of the East Sea from C to C Hadon-dong at the time of the East Sea.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. A survey report on the actual state of the defendant's legal statement, a summary map at the scene of the accident, and a field photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Notification and investigation report of the results of regulating driving of drinking alcohol (report on the situation of the driver in charge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions in the same kind of suspect, confirmation of criminal records), and summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection: Driving of alcohol is highly likely to cause harm to the life and body of others as well as his/her own; driving of alcohol is required for strict punishment; the Defendant has been sentenced to a fine twice due to driving of alcohol; the Defendant also has the history of being sentenced to a fine due to driving of alcohol; the Defendant has a very high alcohol concentration in his/her blood at the time of driving of the instant drinking; and the circumstances favorable to the Defendant that caused a traffic accident due to driving of alcohol: The Defendant would not drive alcohol again while he/she reflects.

The sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., shall be determined as ordered by considering the various sentencing conditions shown in the records and arguments.