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

[criminal power] On January 4, 2008, at the Suwon District Court, the Defendant issued a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on November 13, 2013, a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court on November 13, 201, and on October 12, 2014, a fine of KRW 6 million was issued by the Suwon District Court on October 12, 2014.

【Criminal Facts】

On October 27, 2019, at around 00:30, the Defendant driven a 20-meter C car at the apartment parking lot located within the GGGGG GGE in the state of under the influence of alcohol of 0.134%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same 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 Defendant, including the previous convictions in the judgment, committed the instant drinking driving, even though he was sentenced to criminal punishment for drunk driving, even though he had the past record of sentencing under Article 62-2 of the Criminal Act.

As such, it seems that there is a lack of compliance with the spirit of traffic law or safety awareness as to traffic offense in that the same crime is repeated, even though the resulting driving distance is relatively short, the amount of drinking at the time was considerable, and the accident caused the contact. Therefore, the punishment of imprisonment is chosen as it is not good in the nature of the crime.

However, considering the fact that the defendant confessions and reflects, there is no previous conviction exceeding the fine for the last 20 years, and the accident was relatively minor, the execution of the punishment will be suspended, and the age, attitude, environment of the defendant.