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 December 29, 2009, the defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

On October 31, 2019, at around 16:30, the Defendant driven a Chigh-est car at a section of about 500 meters in the vicinity of the Sejong Island in Suwon-si and about 0.287% in alcohol level, while under the influence of alcohol, from around 16:30, the Defendant driven the Chigh-est car at a section of about 500 meters in front of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on internal investigation (report on occurrence of an accident, etc. - Commencement of an investigation);

1. The circumstantial statement, investigation report, and report on detection of the drinking driver;

1. Records of holding: Application of criminal history records, circuit reports, investigation reports, and confirmation of records of driving driving;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but is very high in the blood alcohol concentration due to drinking of this case.

In addition, the possibility of criticism is not significant in that the Defendant, who was found to have been punished on four occasions due to drinking driving, etc., without being aware of the history of punishment (including a previous conviction of suspension of execution of punishment).

However, the defendant's recognition of the crime of this case and the drinking driving records of the defendant are against the defendant, and all of them have passed 10 years or more from the date of the crime of this case, taking into account various circumstances, such as the defendant's age, health status, character and conduct, environment, motive and circumstance of the crime, means and result, etc., as stated in the records, the sentence is ordered.