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 May 17, 2007, the Defendant received a summary order of KRW 4 million from the Busan District Court on the grounds of a violation of the Road Traffic Act (driving). On May 8, 2013, the Defendant received a summary order of KRW 5 million from the same court on the grounds of a violation of the Road Traffic Act (driving). On May 26, 2014, the same court was sentenced to a suspended sentence of KRW 2 years for one year for a violation of the Road Traffic Act (driving). On June 9, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months in the same court.

【Criminal Facts】

On January 5, 2020, at around 09:47, the Defendant driven a DNA car with blood alcohol content of 0.145% under the influence of alcohol at approximately 500 meters from the section of approximately 500 meters from the influent land of Gangseo-gu, Busan to the front road of C in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

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

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. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a community service order, is a very high-risk crime that may infringe on the life and property of others, and thus, it is highly necessary to strictly punish the defendant. The defendant has a record of punishment including imprisonment due to drinking driving, and in particular, the defendant's blood alcohol concentration is very high.

The above unfavorable circumstances and the Defendant are recognized as committing the instant crime, and other circumstances revealed in pleadings, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., shall be determined as ordered by the text.