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 February 27, 2008, the defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) from the Daejeon District Court's branch on February 27, 2008, and violated Article 44 (1) of the Road Traffic Act.

【Criminal Facts】

On July 24, 2020, around 21:17, the Defendant driven D QM5 automobiles with a alcohol level of about 0.107% under the influence of alcohol at approximately 150 meters from the front of the drinking house in which it is impossible to identify the trade name in the vicinity of the Dong-gu, Chungcheongnam-gu B apartment, Chungcheongnam-gu, Incheon to the roads adjacent to the same Gu C, and driven it twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the offender's place, report on the occurrence of the case, copy of the ledger of using a drinking measuring instrument, notification of the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and the result

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. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high by 0.107%.

In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

There was no accident.

There has been no detection of drunk driving after 2008.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.