A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 12, 2008, the Defendant was sentenced to a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and was sentenced to a summary order of KRW 3 million as a fine for the same crime in the official support of the Daejeon District Court on August 10, 201, and on August 25, 201, by the Daejeon District Court on August 25, 201, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act.

around 19:00 on August 16, 2020, the Defendant driven a DNA car in the state of alcohol with approximately KRW 7 km alcohol concentration of 0.212% from the section of approximately 7 km from 19:0 square meters to the front of the “C convenience store” in Seosan-si.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to Defendant's statutory statement, statement, alcohol driver's report on his/her circumstantial statement, criminal records, etc. and investigation report (a summary order attached to the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including probation, an order to attend a lecture, and Article 62-2 of the Social Service Order Act, are only four times the same criminal records from January 2003 to August 2014, and in particular, the defendant was sentenced to a suspended sentence of imprisonment due to refusal to measure alcohol.

Nevertheless, the defendant also drives a vehicle in the condition of 0.212% alcohol concentration in the blood alcohol level, and there is a very great concern for criticism against the defendant.

Although it cannot be seen that the circumstance of home in which the defendant was forced to commit the instant crime is false, it cannot be a ground for justifying the instant crime.

However, the execution of imprisonment with prison labor is suspended on condition of multiple ancillary measures, by taking into account the fact that the traffic accident has not occurred frequently and the above circumstances of the defendant are taken into account.

In addition, the defendant's age, character and conduct, environment, circumstances of crimes, and crimes.