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 August 29, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court, and on May 8, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Suwon District Court. On December 19, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of six months.

【Criminal Facts】

On August 6, 2019, at around 15:30 on August 6, 2019, the Defendant driven a D New-Wurn-Wur-Wur-Won car with approximately KRW 1 Km alcohol concentration of approximately 0.277% in the section of about 1 Km from the front of the wife population B to the front of the wife population in Gyeonggi-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the results of drinking alcohol measurement and control results;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (former records), summary orders, and application of three copies of the judgment;

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 orders to provide community service and attend lectures has three times (including a prior conviction for a suspended sentence of imprisonment) or three times, and the punishment provision for drunk driving has been strengthened since June 25, 2019, 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 able to do so.

However, the defendant recognized the crime of this case and divided his mistake, notified the defendant that he was the last wife due to the crime of drunk driving in this court, and other circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.