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 June 21, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Changwon District Court.

On October 20, 2020, the Defendant driven a Dpote car under the influence of alcohol concentration of about 0.209% in a section of about 500 meters from the Gu's front road in Changwon-si, Seoul Special Metropolitan City to the front road of the same Gu C from around 15:02.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol, report on the situation of the driver placed in driving, investigation report (report on the situation of the driver placed in driving in driving in the main place), response to inquiries, application of Acts and subordinate statutes to investigation report (verification of the same records as

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant, even prior to the instant case, was punished twice by a fine due to drinking alcohol driving; the alcohol level at the time of the instant driving is high to 0.235%; and the driving of drinking is very dangerous to the life of another person, the Defendant’s responsibility is heavy.

However, the fact that the defendant had no previous record of the same kind after 2010, that he has more than 70 years old, and that he reflects his wrong will be considered.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, environment, the background and consequence of the instant crime, the circumstances after the commission of the crime, and all the sentencing factors shown in the arguments and records.