A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 5, 2007, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on April 5, 201, the same court received a summary order of KRW 2,50,000 for a fine of KRW 2,50,000 for a violation of the Road Traffic Act. On October 20, 201, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On September 29, 2019, the Defendant again driven a FEX car under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.158% at the section of approximately 300 meters from the upper street of “C” located in the wife population B at Chicago-si, and from the front road of “E” located in the same Gu, even though the Defendant violated the prohibition of drunk driving regulations as above.

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. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of past records of the same kind of crime), and application of Acts and subordinate statutes of two copies of 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 Code of the community service order was that the defendant had been punished several times due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration of the instant case is considerably high.

In addition to drunk driving, the defendant has been punished several times for committing a different kind of crime.

However, the defendant, such as the fact that the defendant is recognized as committing a crime and is against the truth, the occurrence of a traffic accident, the criminal record of a drunk driving is both punished by a fine and there is no record of punishment exceeding a fine due to the crime of this type, and the defendant's prison seal want to take the front of the defendant.