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

[criminal power] On September 5, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 19, 2012; KRW 1.5 million for the same crime at the Suwon District Court on September 19, 2012; KRW 5 million for the same crime at the same court on November 3, 2014; and KRW 6 million for the same crime on July 17, 2015, respectively.

【Criminal Facts】

On November 30, 2019, at around 01:35, the Defendant driven a Chodo car from the influent land to the roads in the front of the G Apartment-gu G Apartment-gu, Young-si, Anung-si under the influence of alcohol with a blood alcohol concentration of 0.09%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of Part IV of the summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has a record of being punished for driving under the influence of alcohol in 2007, 2012, 2014, and 2015. From June 25, 2019, the penal provision for drinking driving was strengthened, and the Defendant was also able to easily understand the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she was a driving under the influence of alcohol in this case.

In light of the fact that the defendant repeatedly commits the same kind of crime, it seems that the defendant lacks compliance awareness related to it.

However, the defendant recognized the crime of this case and divided his mistake, and there is no record of punishment that the defendant has been subject to suspended execution or more.