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 May 13, 2013, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court due to a violation of the Road Traffic Act (driving).

On September 22, 2019, the Defendant, while under the influence of alcohol of 02:45% of blood alcohol level, driven a D-low-income car at a section of about 1km from the fluen city B below the fluen city to the roads front of the Gangnam-si C apartment.

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. Regulatory operators' report on the results of drinking driving control;

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

1. Records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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.

Defendant was sentenced to a fine due to drinking driving in the past, and the blood alcohol concentration at the time was relatively high.

The favorable circumstances: The defendant reflects the crime of this case.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

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