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 April 7, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on April 7, 2010, and a summary order of KRW 3 million as a fine in the Daejeon District Court’s official capital support on July 15, 2016, respectively.

【Criminal Facts】

On July 11, 2020, at around 00:15, the Defendant driven a E rocketing car with approximately KRW 700 meters alcohol concentration 0.122% in the section from the front of the “C” public entertainment place B to the front of the public entertainment place D.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Details of regulating the accused's legal statement, reports on the state of his/her oral statement, and investigation reports (report on the state of his/her oral statement);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order, the order to attend lectures, the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime of this case, and all the sentencing factors expressed in the process of the trial, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

3. Unfavorable circumstances: A person repeatedly commits the same kind of crime after the lapse of four years from the date of the previous crime even though he had already three times of drunk driving (2006, 2010, 2016), which is very favorable to that of blood alcohol concentration: The fact that the distance of drunk driving is relatively relatively less, and the fact that there is no other criminal records other than the above drunk driving record.