A defendant shall be punished by imprisonment for a term of one year and ten 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

On January 14, 2009, the Defendant was sentenced to a fine of KRW 1 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On June 1, 2020, at around 23:11, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 0.135% in a section of about 500 meters from the near road in Young-gu, Suwon-si B to the front road in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Statement on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and records on the measurement of drinking;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

In addition, the possibility of criticism is not significant in that the Defendant had been aware of his past history of being found to have been subject to punishment four times due to drinking driving, and was engaged in drinking driving of this case at another time.

However, the fact that the defendant recognized the crime of this case and divided his mistake, all of the records of drinking driving of the defendant has passed since the date of the crime of this case, and there is no record of punishment that the defendant has been subject to suspended execution or more, and there are various conditions of sentencing as shown in the records, such as the age, character and conduct, environment, motive and circumstance of the crime, means and result, etc. of the defendant.