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 December 17, 2007, the Defendant was issued a summary order of KRW 1,000,000 by the Seoul Northern District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 2,00,000,000, which was issued by the Jungbu District Court on September 2, 2010.

【Criminal Facts】

On August 26, 2020, at around 02:27, the Defendant driven a Dbenz car in the state of alcohol alcohol concentration of about 0.136% in a section of about 300 meters from the Do near the world in Gangnam-gu Seoul to the road near the same Gu C.

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. Investigation report of control details (report on the circumstances of the driver); and

1. Previous convictions in judgment: 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 had already been subject to criminal punishment several times due to drunk driving, and that the blood alcohol concentration is considerably high, it is inevitable to punish the Defendant with severe punishment corresponding to the act.

However, the defendant's mistake and reflects his own mistake, and the drinking driving of this case does not lead to traffic accidents, and prior to the case, a fine is imposed.