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 May 1, 2017, the Defendant was issued a summary order of KRW 7 million for the crime of violating the Road Traffic Act (refluence of noise measurement) in the Suwon District Court's Ansan Branch.

On October 4, 2020, at around 07:07, the Defendant driven a rash car while under the influence of alcohol of about 0.145% of alcohol concentration at approximately 4km from the c studio parking lot around the C cafeteria located in Suwon-si, Suwon-si, to the front of D in the same 4km-gu.

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 records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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, there are many possibilities of criticism in that the Defendant had been aware of the fact that the Defendant had already been found to have been punished on four occasions due to drinking alcohol or refusal to take a drinking alcohol test and had been punished without being aware of it.

However, the fact that 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 there is no record that the defendant has been punished for a suspended sentence or more yet, and the sentencing conditions indicated in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc., are conditions of punishment as shown in the record.