A defendant shall be punished by imprisonment for not more than ten 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

On April 6, 2007, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Suwon District Court. On July 25, 2007, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Suwon District Court.

On May 13, 2019, at around 02:03, the Defendant driven a DNEW franchise-XG car while under the influence of alcohol with approximately 0.143% of alcohol concentration in approximately 7km from the 7km road in Suwon-si, Suwon-si to the neighboring road.

As a result, even though the Defendant violated the Road Traffic Act's prohibition on drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the above prohibition on drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of criminal history records, reply reports (A), investigation reports (applicable to the same type of suspect power - the application of three-year relationship) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 Social Service Order Criminal Act is committed by the defendant who has been under the influence of drunk driving not less than twice, and the nature of the crime is not less than that of the crime, but the defendant has already been subject to criminal punishment five times due to drunk driving, etc. (including criminal records of suspended sentence of imprisonment)

However, the defendant recognized the crime of this case and divided his mistake, and the records, such as the age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., are shown in the records.