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 May 1, 2009, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Suwon District Court on May 1, 2009, and a summary order of KRW 2 million with a fine of KRW 1 million with the same crime at the same court on November 19, 2014.

On January 27, 2020, the Defendant was under the influence of alcohol of 0.141% of blood alcohol concentration at around 21:48, the Defendant driven an FM6 car at a level of 5km from the vicinity of C in Osan City to the front of “E” located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

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

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;

However, the defendant recognized the crime of this case and divided his mistake, the 2009 period of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant has no record of crime other than the above 2 times of fine, and the defendant has no record of crime other than the above 2 times of fine, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances which form the conditions of sentencing as shown in the records,