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 November 14, 2008, the defendant received a summary order of a fine of 1.5 million won for the violation of the Road Traffic Act from the original court of the Chuncheon District Court on November 14, 2008.

On November 18, 2019, at around 02:13, the Defendant driven a FM5 vehicle under the influence of alcohol content of about 0.165% in a section of approximately 2 km from the blood alcohol content to the front road of E located in the same city as in the vicinity of the original city B.C.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports, investigation reports (verification of the records of the same kind of crime) and Acts and subordinate statutes;

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;

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

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

The defendant, while driving under the influence of alcohol, has caused an accident that meets the central separation zone.

The favorable circumstances: The defendant reflects the crime of this case.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

Defendant is trying to prevent recidivism by disposing of vehicles, etc.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as