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 17, 2008, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,000 for a violation of the Road Traffic Act, on July 21, 2014, with a fine of KRW 1 million for a violation of the Road Traffic Act, at the Incheon District Court's Branch of the Daejeon District Court, and on May 19, 2017, with a summary order of KRW 5 million for a violation of the Road Traffic Act, respectively.

On June 4, 2020, at around 19:30 on June 4, 2020, the Defendant driven a F bargaining car under the influence of alcohol concentration of 0.042% from the parking lot C located in Seo-gu, Western-si B to the front road in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Control and timely report of drinking drivers, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), notification of the results of crackdown on drinking driving, and ledger of the use of drinking meters;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

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 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.

Although the Defendant was sentenced to three times due to drinking driving and one time due to driving without a license in the past, there is a high possibility of criticism in that the instant crime has been committed.

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

The numerical value of blood alcohol concentration measured is low.

No person shall be subject to criminal punishment, except four times of the fine above.

In addition, various circumstances revealed in the trial process, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the situation after the crime.