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 October 17, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the support of the Daejeon District Court of Daejeon District.

On June 8, 2020, at around 00:32, the Defendant driven a D Acheon-purt Transported Vehicle with approximately 2 km alcohol concentration of about 0.178% from the 2km section from the pre-road of a mutually unclaimed restaurant in Ycheon-gu, Yancheon-gu, Seoul to the pre-road in B.C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The place of criminal, the report on the occurrence of the case of violation of the Road Traffic Act (driving), the report on internal investigation (e.g., the discovery of suspected vehicles), the notification to the department related to the report of the case of 112, the report on the circumstances of driving under the influence of alcohol, photographs, the report on the circumstances of driving under the influence of alcohol, the report on the investigation, and the results of the

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 under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high.

The risk of the act is high, such as arrest of the police who was reported while driving in danger beyond the central line.

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.

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

There was no accident.

No criminal punishment exceeding a fine shall be imposed.

In addition, the defendant's age, character and behavior, environment, motive, means and result of crime, and circumstances after crime are revealed in the trial process.