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 April 30, 2008, the Defendant was issued a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on April 30, 2008, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on June 1, 2017.

【Criminal Facts】

On November 08, 2019, at around 08:15, the Defendant driven a C vehicle while under the influence of alcohol of about 0.041% of alcohol concentration from the section of approximately 3km of approximately 0.041 meters from the 3km of Asan City to the ero-ro of Asan City.

Accordingly, the defendant was a person who violated at least once a drunk driving and was under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, notification on the results of the drinking driving control, the report on the actual status of drinking drivers, the investigation report, and photographs related to traffic accidents;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (report on attachment of identical military records of a suspect A);

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 reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

In the past, even though the defendant was fined three times due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

The blood alcohol concentration level measured is not very high.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.