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 February 1, 2014, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Suwon District Court.

Nevertheless, at around 17:30 on June 3, 2020, the Defendant driven a cren vehicle under the influence of alcohol leveling 0.075% from the 2km section from the front of the Suwon-si Community Service Center to the front of the Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, notification of the results of the control of drinking driving and record of the values of taking measurements of drinking alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times by a fine due to drinking driving, even though he was able to have a previous conviction related to traffic, such as driving without a license, and the accident of this case was caused by contact. Considering the purpose of the amendment of the Act increased by statutory penalty, the crime is not less complicated.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction exceeding a fine for the last twenty years, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving background and distance, drinking volume, and circumstances after the crime, and various sentencing conditions as shown in the records and arguments.