A defendant shall be punished by imprisonment for two years.

except that 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

[criminal history] On July 23, 2010, the Defendant was sentenced to a suspended sentence of two years for ten months, due to a violation of road traffic law in the Gwangju District Court's net support on July 23, 2010, and was sentenced to a suspended sentence of two years in total.

[Criminal facts] On October 6, 2020, the Defendant driven a F Spke car with approximately 70 meters alcohol level 0.172% alcohol level from the front road in Mayang-si B to the front road of the E cafeteria located in D at the same time.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Application of a reply to inquiry, text of judgment, and copy of summary order, such as criminal history;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant’s blood alcohol concentration at the time of the instant case was extremely high enough to keep the Defendant’s blood alcohol concentration in the state of melting.

There is a history of criminal punishment twice for the same crime, including the suspended sentence of imprisonment with prison labor in 2010.

In addition, all of the sentencing factors shown in the trial process of this case, such as the process of detection of the crime of this case, the defendant's age, sex, environment, drinking distance, and the circumstances after the crime, shall be determined as ordered.