A defendant shall be punished by imprisonment for two years.

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 April 14, 2010, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court on April 14, 2010.

피고인은 2019. 11. 11. 21:25경 화성시 B시장 앞 도로에서부터 C에 있는 D볼링장 앞 도로에 이르기까지 약 300m 구간에서 혈중알콜농도 0.123%의 술에 취한 상태로 피고인 소유의 E 포터∥ 화물차를 운전하였다.

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

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 criminal history records, inquiry reports, and investigation reports (verification of the same type of crime records) Acts and subordinate statutes;

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. 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;

In addition, the possibility of criticism is not significant in that the Defendant had been aware of the history of punishment (including a previous conviction of suspension of execution) which was discovered by drinking driving, etc. five times or more, and was engaged in drinking driving of this case without being aware of it.

However, the defendant recognized the crime of this case and divided his mistake, and the records of drinking driving of the defendant have passed at least nine years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and consequence, etc., the punishment as ordered shall be determined by taking into account various circumstances that form the conditions of sentencing as shown in the records, such as the following circumstances.