A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On February 25, 2010, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 3 million due to a violation of road traffic law in the Daejeon District Court's branch office on February 25, 2010.

피고인은 2019. 12. 26. 00:20 경 알 수 없는 장소에서부터 천안시 쌍용대로 43-12에 있는 쌍용 지하도 입구에 이르기까지 알 수 없는 구간의 거리에서 혈 중 알콜 농도 0.185% 의 술에 취한 상태로 B 포르테 쿱 승용차를 운전하여 2회 이상 음주 운전하였다.

Summary of Evidence

1. A traffic accident report, a traffic report, a traffic situation report, an accident site, photograph, a report on detection of a primary driver, a report on the circumstantial situation of a primary driver, a report on internal investigation (on-site conditions, etc.), an appraisal of alcohol during blood and a report on the results of crackdown on driving alcohol;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The amount of alcohol concentration in the measured blood is considerably high by 0.185%.

In the past, even though the Defendant was sentenced to three times a fine due to drinking driving, there is a high possibility of criticism in that the instant crime has been committed.

However, the Defendant suffered serious brain damage, etc. due to the instant accident, and has significantly deteriorated the recognition ability at present.

The economic situation is not good.

No criminal punishment exceeding a fine shall be imposed.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.