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 21, 2008, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on May 21, 2008. On January 16, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for a violation of the Road Traffic Act (e.g., refusal of measurement). On April 11, 2018, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (e.g., a violation of the Road Traffic Act) from the Incheon District Court's Branch of the Daejeon District Court.

On May 2, 2020, the Defendant, while under the influence of alcohol of 0.084% of blood alcohol concentration at around 10:18, the Defendant driven C Poter Cargo at approximately 1 km from around Asan-si B apartment around Asan-si to 1330, Asan-si, Masan-dong Residents' Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (a confirmation of traffic offenses such as driving, etc.) and Acts and subordinate statutes;

1. The phrase “Article 148-2(1) and Article 44(1) and (2) of the Road Traffic Act” as stated in the pertinent Article on criminal facts and Articles 148-2(1) and 44(1) of the Road Traffic Act’s written indictment for the selection of punishment is a clerical error.

(Selection of Imprisonment or Imprisonment)

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

1. The sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be determined as ordered in consideration of the following: (a) although the defendant was subject to criminal punishment on several occasions, including a suspended sentence of imprisonment due to drinking driving; (b) the blood alcohol concentration of this case is high; and (c) the defendant recognizes a crime; and (d) the sentence shall be