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 of the final judgment.

Punishment of the crime

[criminal power] On November 26, 2009, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) in the Seocho District Court’s territorial branch on November 26, 2009, and a fine of KRW 5 million as a same crime in the same court on March 4, 2015.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act, at around 18:50 on November 16, 2019, the Defendant driven B SP car while under the influence of alcohol with approximately 0.191% of alcohol concentration in the 2km section from the 7rd country in front of the public playground at the entrance of the Gangwon-gun SPari-gun, Jin-gun, Gangwon-do, Seoul, to the 7rd country in front of the public playground, when he died of Gangwon-gun, Gangwon-do.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, on-site photographs, and on-site screening;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, and judgment;

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. The defendant's mistake in sentencing Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order is recognized.

However, even though the defendant had been punished several times for the same crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.