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 21, 2013, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 7 million due to a violation of the Road Traffic Act, and a fine of KRW 7 million by the same court on July 7, 2014.

At around 11:20 on May 17, 2020, the Defendant driven an Erocketing car on the road of approximately 600 meters from the B B in the front of the D Public Security Center located in the same group C, under the influence of alcohol of 0.154% of blood alcohol level.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

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

1. The circumstantial statement of the employee;

1. Previous records: Criminal records, inquiry reports (A), investigation reports (verification of suspect's records of driving under the influence of alcohol), judgments, and copies of summary orders;

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 execution of punishment shall be suspended on the condition of probation and medical treatment order, in consideration of the fact that probation and the Criminal Act Article 62-2, Article 44-2 of the Medical Treatment and Custody Act, and Article 44-2 of the Medical Treatment and Custody Act are high in alcohol concentration and value of alcohol, the occurrence of an accident that causes the drinking operation of a motor vehicle is discovered, scrapped the motor vehicle, the criminal defendant's records of performing the same kind of crime (the punishment of a fine is imposed five times from 2002 to 2014 due to drinking driving or refusal of alcohol measurement) and the criminal defendant is hospitalized for the treatment of symptoms and proof of alcohol, and the criminal defendant has been hospitalized and has been continuously receiving medical treatment.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.