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 September 19, 2014, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court.

On March 5, 2020, the Defendant, while under the influence of alcohol at 0.069% of blood alcohol concentration, operated DK7 cars at approximately 12 km sections in front of national highways 23 meters prior to the national highways of the same city, on the roads in front of the C cafeteria located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do., the Defendant violated DK7 cars at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, ledger of use of a drinking measuring instrument, on-site photographs, and report processing table of 112;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

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

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

The blood alcohol concentration level measured is not very high.

There was no accident.

The health and economic conditions are not good.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.