A defendant shall be punished by imprisonment for a term of one year and four 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 1, 2014, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act from the Suwon District Court, and on March 6, 2018, the Defendant received a summary order of KRW 2 million for the same crime in the same court.

【Criminal Facts】

On May 12, 2020, at around 23:47, the Defendant driven a 200-meter G car in front of the “F” in the front of the “F” located in the G Terminal in Suwon-si C Terminal B located in Suwon-si, under the influence of alcohol of 0.172% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and record book of the measurement of drinking;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

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 regarding the order to provide community service and attend lectures was even when the Defendant was punished by a fine due to drunk driving in 2014 and 2018, and the blood alcohol concentration level at the time was considerably high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, and the fact that the accident does not lead to a multi-accident, other factors such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment as ordered shall be determined in light of the various sentencing conditions as shown in the records and arguments.