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 October 27, 2006, the Defendant was issued a summary order of KRW 1,500,000 for the crime of violation of the Road Traffic Act at the Suwon District Court, and on April 1, 2008, a summary order of KRW 1,000,000 for the same crime at the Jung-gu District Court.

【Criminal Facts】

On June 25, 2020, at around 01:28, the Defendant driven a motor vehicle with DNA low alcohol level of about 0.19% while under the influence of alcohol at the 1km section from Gangnam-gu to the front road of the same Gu C from the Do near Gangnam-gu Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Results of blood appraisal;

1. Control note;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing [the scope of applicable sentencing] under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] two to five years [whether or not the sentencing guidelines are applied] of imprisonment, and the crime of this case is not set with sentencing guidelines. Thus, the sentencing guidelines are not applied.

[Decision of Sentence] In light of the fact that the Defendant, for a two-year period of suspended sentence, had a history of criminal punishment several times due to drunk driving, committed the instant drunk driving, with a high blood alcohol level, and with poor circumstances after committing the crime, it is inevitable to punish the Defendant with severe punishment corresponding to that of the act.

However, the defendant's mistake and reflects his own mistake, the drinking driving of this case does not lead to traffic accident, and the transfer of this case.