A defendant shall be punished by imprisonment for a term of one year and ten 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 September 11, 2013, the Defendant issued a summary order of KRW 7 million to the Suwon District Court for a violation of the Road Traffic Act (driving under the influence of alcohol), and issued a summary order of KRW 2.5 million to the same court on November 9, 201 as a crime of violation of the Road Traffic Act (driving under the influence of alcohol), and on December 24, 2009, a summary order of KRW 1 million to the same court on December 24, 2009, respectively.

At around 01:20 on May 12, 2020, the Defendant driven a DNA rocketing car in the state of alcohol alcohol concentration of about 0.183% from the 6km section of the blood alcohol content at the 6km section from the 01:20 on the 01:0 on the 01.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employer, investigation report, and expert report of the employer;

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of three copies of a summary order;

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.

In addition, the possibility of criticism is not significant in that the Defendant had been aware of his past history of being found to have been subject to punishment four times due to drinking driving, and was engaged in drinking driving of this case at another time.

However, the defendant recognized the crime of this case and divided his mistake, three times 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 conduct, environment, motive and circumstance of the crime, means and result, etc. are shown in the records, such as the circumstances after the crime.