A defendant shall be punished by imprisonment for not less than one year and six 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 April 24, 2019, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

Around 06:50 on September 4, 2020, the Defendant driven D Coin vehicle at about 4 km from 0.194% of blood alcohol level around 06:50, while under the influence of alcohol.

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

Summary of Evidence

1. Statement E of the defendant in court;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of materials related to criminal records);

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 the amount of blood alcohol concentration due to drinking of this case is higher.

The Defendant had had a history of being punished for being exposed to drinking driving on two occasions, etc., and was punished for drinking driving on April 2019, and the possibility of criticism is not high in that he/she re-driving the instant drinking driving since one year and six months have not passed since he/she was punished for drinking driving on one occasion.

However, the defendant recognized the crime of this case and divided his mistake, and the year 2002 during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., the punishment as ordered shall be determined by taking account of various circumstances, which are the conditions of sentencing as shown in the record, such as the circumstances after the crime, etc.