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 history] On May 30, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million as a crime of violating the Road Traffic Act at the Seoul Western District Court, and on April 29, 2015, with a fine of KRW 3 million as an identical crime from the Sejong District Court’s Housing Site Board.

[Criminal facts] On May 13, 2020, the Defendant driven C SP car while under the influence of alcohol leveling 0.174% in a section of approximately 500 meters prior to Pyeongtaek-si B at around 22:30 meters.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of driving the same kind of drinking);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing grounds under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a lecture, and all of the sentencing factors indicated in the instant pleadings, including the following circumstances and the Defendant’s age, sex, criminal conduct, environment, family relationship, motive for the crime, means and consequence of the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

Unfavorable circumstances: The driving of drinking has been repeated despite the history of punishment for a fine of three times due to the driving of drinking, and the degree of alcohol concentration in the blood at the time of driving has not been lowered.

Ultimately, the fact that the risk has been realized and caused a traffic accident, and the more favorable circumstances that the police officer called out after receiving the report make the driver as the driver and cause a confusion in the investigation: recognizing the crime and against it.