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 October 13, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Daejeon District Court’s Incheon District Court’s Branch on October 13, 2006, and on December 4, 2017, the same court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (Refusal of Drinking Measures).

【Criminal Facts】

On November 26, 2019, at around 23:05, the Defendant driven a F Kazon vehicle with approximately 100 meters alcohol concentration of approximately 0.228% from the 100m section before the C store located in Asan City B to the front of the Ecafeteria located in Asan City D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. A written consent to the collection of blood and a written request for appraisal;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of two copies of the criminal history records, investigation reports, and summary orders;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend;

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

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of the sentence is not only abrupt of himself but also a crime in which the life of an unbrush person can be taken, and the risk of such a crime is high.

Even though the Defendant was punished as a fine for the crime of drinking driving and refusing to measure drinking, such as the record of the record of the crime in the judgment, he again commits the crime in this case, and the responsibility for the crime is heavy, and the possibility of social criticism is high.

The blood alcohol concentration level is very high, and the accident occurred during the drunk driving.

There are two times the driver's license driving power.

The defendant lacks compliance consciousness in relation to traffic safety.