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 January 18, 2008, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Suwon District Court, and on May 7, 2008, the Defendant sentenced the same court to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act, and on July 29, 2015, the same court was issued a summary order of KRW 8 million for a violation of the Road Traffic Act. However, on September 13, 2020, the Defendant driven a DM6 under the influence of alcohol concentration of KRW 0.67% from a section of approximately 500 meters to the front road of Suwon-si, Suwon-si, Suwon-si.

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: Criminal records, inquiry reports, summary orders, and application of statutes;

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 on probation and community service order is that the defendant who has a record of driving under drinking is driving under the influence of alcohol, and the quality of the crime is not minor;

The defendant has already been punished five times due to drinking driving (including a previous conviction of suspension of execution) and has committed the crime of this case without being aware of the fact that he had already been sentenced to punishment, so there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, four times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and all other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., which are the conditions of sentencing as shown in the records, are considered.