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

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

On August 25, 2008, the defendant was issued a summary order of a fine of KRW 4 million at the Busan District Court on August 25, 2008, including a summary order of KRW 4 million.

Around 17:40 on May 6, 2020, the Defendant driven an E New-Wret Vehicles with approximately KRW 1km in a section of about 1km from the roads adjacent to the C, which are located in the C, to the roads adjacent to the D, and with approximately 0.206% alcohol concentration, while under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records of judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but is very high in the blood alcohol concentration due to drinking of this case.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the period of drinking driving of the defendant has passed at least 11 years from the date of the crime of this case; and (c) the defendant has no other criminal records other than the two times of fine; and (d)