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 August 16, 2017, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act as above, on August 2, 2020, the Defendant driven a F QM6 car in a state of under the influence of alcohol concentration of about 0.146% from a section of about 500 meters from the road in the south-gu Seoul Metropolitan City, Yannam-gu, Incheon to reach the D apartment E-dong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in G and H preparation;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. An accident site photograph;

1. Records before and after judgment: Criminal records, inquiry reports, investigation reports (verification reports on the same type of crime), and summary order (applicable by the subordinate statutes of the Mountainous District Act No. 2017 Highest 1591);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

3. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant was punished for a drunk driving as long as it was long as the Defendant was punished, and thus, the Defendant's liability for such a crime is not easy.

The blood alcohol concentration is relatively high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

There is only a fine for one time due to drinking driving.

In addition, the defendant's age, character and conduct, the environment, and the motive and motive of committing the crime.