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 April 9, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the support of the Daejeon District Court, Daejeon District Court on April 9, 2015. On January 13, 2017, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

【Criminal Facts】

On November 3, 2019, at around 19:45, the Defendant driven C K5 car while under the influence of alcohol content of 0.231% at the front of Asan City B at Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the site photograph of an accident, the notification of the results of the drinking driving control, and the report on the circumstantial statement of a drinking driver;

1. Application of a reply to inquiries, such as criminal records, investigation reports, and statutes;

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.

The defendant was driven in the state of being able to avoid memory of the situation at the time, and the blood alcohol concentration measured is very high by 0.231%.

In the past, even though the defendant was fined three times 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.

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.