A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[Power of crime] On October 20, 2004, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic laws at the Daejeon District Court Branch of Daejeon District Court, and on November 30, 2007, the same court issued a summary order of KRW 2 million for a violation of road traffic laws (driving), and on December 1, 2014, the same court issued a summary order of KRW 5 million for a violation of road traffic laws (driving).

[Criminal Facts] The Defendant, around November 18, 2020, driven a G body-man car under the influence of alcohol level of about 0.264% in a section of about 5km from the roads of the C neighborhood located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Masan to the F parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on the scene of an accident, CCTV closure and a report on the actual condition;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal records of the same kind as the suspect), and summary order, respectively;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for offenses of violation of traffic laws on roads as stated in the judgment.

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

The defendant, like the records in the ruling, is punished for driving under drinking more than one time, and is not subject to the punishment of the crime.

The alcohol concentration in blood is also very high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

There is no power of punishment heavier than a fine.