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 became final and conclusive.

Punishment of the crime

[criminal power] On August 26, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daejeon District Court's Branch on August 26, 2008, and by receiving a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the original branch of the Chuncheon District Court on September 28, 2012.

【Criminal Facts】

On October 17, 2019, at around 00:32, the Defendant driven a DNA knife vehicle with a blood alcohol concentration of about 0.116% at the section of approximately 1.7 km from around B in Pyeongtaek-si to the front road of Pyeongtaek-si, and driven the alcohol at least 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. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment of a summary order, etc.), and application of Acts and subordinate statutes governing a summary order;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of the sentence is not only abrupt of himself but also a crime in which the life of an unbrush person can be taken, and the risk of such a crime is high.

Not only the records of the judgment but also the defendant is punished for drinking driving on a multiple occasions, and the crime is heavier than that of the defendant.

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, and circumstances before and after the crime, etc. are shown in the arguments in this case.