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 January 20, 2010, the Defendant issued a summary order of a fine of KRW 4 million for the violation of the Road Traffic Act, etc. in the Chuncheon District Court's original support on January 20, 2010.

On August 21, 2019, at around 00:45, the Defendant driven a DY car from the front day of the original city B to the front day of C at the same city, with a level of approximately 100 meters, while under the influence of alcohol 0.170% of alcohol level.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (report on confirmation of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 142-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

The defendant was driving under the influence of 0.170%, and in particular, did not cooperate with the investigation such as refusing the police officer's request for a measurement of drinking alcohol, etc. after receiving a report.

A favorable circumstances: A defendant shall not have any other criminal records except that he/she has been sentenced to a fine once due to drinking.

A relatively short distance has been driven by the defendant.

Defendant reflects the instant crime.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.