A defendant shall be punished by imprisonment for a term of one year and three 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 17, 2009, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on July 17, 2009, and two million won as a fine in the same court on January 8, 2010.

【Criminal Facts】

On May 2, 2020, at around 23:25, the Defendant driven a car under the influence of alcohol with approximately 0.145% alcohol level from the section of about 3 km from the front to the front of D located in C, the Defendant driven a car under the influence of alcohol level 0.145%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

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

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the Defendant had been subject to two times of criminal punishment due to drunk driving, and the blood alcohol concentration level at the time of the instant case was very high, and the risk of the occurrence of the accident was very high by driving on the road.

In such circumstances, considering the fact that the defendant is led to confession and reflect, that there is still no previous conviction exceeding the fine, and that the accident does not lead to a multi-accident, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments, such as the amount of drinking, etc.