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 November 26, 2018, the Defendant issued and finalized a summary order of KRW 7 million as a crime of violating the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s House on the ground of a violation of the Road Traffic Act.

[Criminal facts] On October 20, 2020, the Defendant violated the provision on prohibition of drinking by driving a DXM3 vehicle under the influence of alcohol at least twice in the state of alcohol alcohol level of 0.142% from the roads near the restaurant located in the two-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the roads of the front distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection of drinking drivers, copy of the ledger of use of drinking measuring devices, notification of the results of crackdown on driving of drinking, statement of the situation of the driver under driving of drinking, and statement of 112 report processing;

1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The amount of alcohol concentration in the measured blood is considerably high by 0.142%.

In the past, even though the Defendant was sentenced to a fine one time due to drinking driving and a non-licensed driving, there is a high possibility of criticism in that the instant crime has been committed.

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

There was no accident.

No person shall be subject to criminal punishment, except for the previous convictions and twice.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.