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 history] On August 9, 2012, the Defendant issued and confirmed a summary order of KRW 3 million as a crime of violating road traffic law in the support of the Daejeon District Court on the Incheon District Court on August 9, 2012. On October 15, 2012, a summary order of KRW 5 million was issued and confirmed on October 15, 2012 due to a crime of violating road traffic law (drinking). On March 20, 2013, the Daejeon High Court sentenced a fine of KRW 15 million to a fine of KRW 15 million.

[Fact of crime] On August 9, 2020, the Defendant: (a) driven the Efabdo in a state of alcohol concentration of about 0.176% from the 2km section from the front side of the B commercial building located in the south-gu Seoul Metropolitan City around 03:20 to the front side of D in the Yancheon-si, the Defendant violated the provision prohibiting driving of drinking by driving the Efabdo in a state of alcohol concentration of about 0.176% in blood at least twice.

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. On-site photographs;

1. Previous conviction: Application of each of the two Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (Attachment of the text of the judgment and the summary order), one copy of the judgment, and one 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. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

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 amount of alcohol concentration in blood is also the same.