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 January 6, 2012, the Defendant was issued a summary order of KRW 2 million at the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million at the Daegu District Court on April 9, 2013 to a fine of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. Although the Defendant had been able to violate the provision on the prohibition of drinking under the Road Traffic Act more than once, at around 01:34, Sept. 25, 2019, the Defendant driven a D-Wz car under the influence of alcohol concentration of about 8 km from the front of the road located in Yongcheon-si B to the front of the 1248 shift distance.

2. Although the Defendant had been able to violate the provision on the prohibition of drinking under the Road Traffic Act more than once, on September 27, 2019, at around 09:09, the Defendant driven a Dbenz car under the influence of alcohol by 0.122% in blood alcohol concentration from the front day of Sincheon-si to the front day of Sincheon-si, Youngcheon-si, 75, Young-si, Young-si, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of each host driver;

1. Notification of the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Not only has the history of having been already punished several times for the same kind of crime, but also has committed the crime under paragraph (2) of the criminal facts as indicated in the judgment after the crime was committed under paragraph (1) of the same Article; circumstances in which each of the blood alcohol concentration in the instant case is relatively favorable: confession and reflect: The fact that there is no record of punishment exceeding the fine; and the defendant's age;