A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 19, 2014, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 2 million with the same court on December 15, 2016, respectively.

On July 13, 2020, the Defendant driven a Maz car from around 2 km to the point of Seoul direction 275 km in Daejeon-gu, Daejeon-dong, at around 01:38, while under the influence of alcohol of 0.10% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports-related Acts and subordinate statutes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

A. Unfavorable conditions: (a) The instant crime was committed even though the Defendant was punished as a drunk driver on two occasions in 2019, by causing a traffic accident on two occasions in 2019, and each of the instant crimes was punished as a violation of the Road Traffic Act (unfavorable Measures against Accidents) and the Act on Special Cases concerning the Settlement of Traffic Accidents; (b) the blood alcohol concentration was high; and (c) the instant crime was committed by the Defendant under the influence of alcohol, due to the Defendant’s misunderstanding that the Defendant was driving on an expressway, and the possibility of serious traffic accidents was very high.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The defendant's age, character and conduct, environment, circumstances before and after the crime, and other records of this case are shown in Article 51 of the Criminal Act.