A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[Criminal Power] On July 1, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Branch on July 1, 2009, and was issued a summary order of KRW 4 million for the same crime at the Suwon District Court on January 17, 2017.

【Criminal Facts】

On December 13, 2019, the Defendant again driven a B SP car under the influence of alcohol concentration of about 0.048% at the section of about 3 km from the street in front of the Northwest-gu film dong, Suwon-si, Suwon-si, Suwon-si to 699, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report, investigation report, and notification of the results of the crackdown on drinking drivers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has been two times the records of criminal punishment due to drunk driving as stated in its reasoning, and the defendant also conducted drinking driving in this case. Considering the risk of the occurrence of the accident and the purport of the amendment of the law whose statutory penalty is increased, the nature of the crime is not less complicated.

However, considering the fact that the defendant is led to confession and reflect, there is no previous conviction in excess of the fine, and that the blood alcohol concentration has not been relatively high, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving background and distance, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments, such as the circumstances after the crime.