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 March 5, 2019, the Defendant received a summary order of KRW 1,500,00 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.

Although the Defendant had been punished for a violation of the Road Traffic Act as above, on February 3, 2020, the Defendant driven a F rocketing car at the section of about 3 km from the front of the road located in Western-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, to the road located in Seoan-gu, Seoan-gu, Seoan-gu, the level of alcohol concentration of 0.174% under the influence of alcohol around 23:32, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of a drinking driver, report on the circumstance of a drinking driver, notification of the results of crackdown on drinking driving, ledger of use of a drinking measuring instrument, field photograph of crackdown, and written appraisal of blood alcohol;

1. Application of a reply to inquiry, such as criminal records, and a summary order;

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. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are 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.

The blood alcohol concentration measured is considerably high by 0.174%.

The risk of the act is high, such as opening a locked on the road while driving.

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

The current economic situation is not sufficient.

No criminal punishment exceeding a fine shall be imposed.

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.