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 December 26, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site on December 26, 2008, and a fine of KRW 2 million at the same court on June 17, 2016, respectively.

【Criminal Facts】

Although the Defendant had a punishment force twice as above, on June 19, 2020, at around 01:45, the Defendant driven a B Ors vehicle while under the influence of alcohol level of 0.186%, while driving the B Ors vehicle in the influence of alcohol level of 0.186%, and proceeded with the section of the B Ors vehicle from the day of Pyeongtaek-si C, to the front day of the Ebsent in Pyeongtaek-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. Previous records: A inquiry inquiry report including criminal records, etc., each dispositions not yet made, and a report on the results of confirmation-applicable Acts and subordinate statutes of each 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing factors, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

favorable sentencing factors: one is going against his mistake and will not drive under the influence of alcohol again.

There is no record of punishment exceeding a fine.

Disadvantageous sentencing factors: Retoxicated driving was conducted even when the person was punished twice a fine due to drunk driving.

The drinking alcohol level of drinking driving is considerably high.