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 power] On March 26, 2018, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Daejeon District Court's Support on the Incheon District Court's 2018, and a summary order of KRW 12 million for the same crime in the same court on July 31, 2020.

【Criminal Facts】

On July 24, 2020, at around 21:54, the Defendant driven a B B B B B B B B luri-ri vehicle with a blood alcohol concentration of 0.124% under the influence of alcohol without a driver’s license, from around 7 km-si, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-si to the Cheongcheon-si Park Park.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, report on the situation of a drinking driver, internal investigation, notification on the results of the crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, copy of the register of drinkging meters, and the register of driver's licenses;

1. Inquiry reports, such as criminal records, reports on the results of confirmation of the previous records of the disposition, and the application of Acts and subordinate statutes on investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the drinking of alcohol, and the unauthorized driving of an order to provide community service and attend lectures, need to be strictly punished for a crime that may cause harm to the life and body of others.

The blood alcohol concentration measured is considerably high by 0.124%.

In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

In particular, the defendant, on March 15, 2020, tried to drive under the influence of alcohol and tried to drive under the influence of alcohol for about four months.

However, the defendant recognizes his mistake and is against his will.

D.C.