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 July 8, 2016, the Defendant was notified of a summary order of a fine of KRW 4 million due to a violation of road traffic law (drinking driving) in the Daejeon District Court's Incheon District Court's Support for the Crime of Violation of Road Traffic Act.

Criminal facts

On October 5, 2020, the Defendant driven a DK5 car under the influence of alcohol with approximately 1.5km from the front of the mutual influence store in the Asan City, Asan City, around 23:05 to the front road of the Northern-gu, Seo-gu, Seocheon-gu, Seoul, about 1.5km alcohol concentration at approximately 0.116%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is to take the drinking, investigation report (report on the situation of the driver who takes the driving of the drinking), notification of the results of crackdown on the driving of drinking, ledger using a drinking measuring instrument, on-site photographs, and the list of reported cases;

1. Application of a copy of Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable condition for sentencing under Article 62-2 of the Criminal Act: The driving of drinking alcohol is highly likely to cause harm to another person's life and body; the amount of alcohol concentration in measured blood is not lower than 0.116%; the Defendant committed the instant crime even though he was sentenced one time of a fine due to drinking driving in the past; the Defendant recognized the instant crime: The Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the instant crime, circumstances after committing the instant crime, and other various sentencing conditions as indicated in the trial process, shall be determined by taking into account the following factors: