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

The Defendant was issued, at the Suwon District Court, a summary order of KRW 1.5 million on December 24, 200 and a summary order of KRW 4 million on August 29, 2016, respectively, by a fine of KRW 1.5 million.

At around 17:00 on May 15, 2020, the Defendant driven a rocketing car under the influence of alcohol with approximately 410 meters alcohol concentration of 0.142% from the section of approximately 410 meters from the front of Suwon-si, Suwon-si B to the front of the same Gu C.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, drinking measuring set, reporting on the state of drinking driving, etc.;

1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

The defendant has been subject to punishment since he/she was found to drive under drinking on three occasions.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, two times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and other various circumstances, such as the age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime of this case, which are conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.