A defendant shall be punished by imprisonment for not less than one year and six 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 September 29, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on April 23, 2014.

On August 24, 2020, at around 04:08, on the road where it is impossible to find out a place below the area of Suwon-si Ships, Suwon-si, the Defendant driven the Bwing-III cargo vehicle with a blood alcohol content of about 5km from approximately 0.146% under the influence of alcohol at approximately 0.146% from the 5km section to the adjacent road in the 910-si, Suwon-si, Suwon-si, Suwon-si.

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. Report on the status of running a motor vehicle under the influence of alcohol, and field photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate 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. 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;

However, it is against the defendant's recognition of the crime of this case, the 2008-year period from the date of the crime of this case for the defendant's drinking driving is 12 years since the date of the crime of this case, and the defendant has no record of criminal punishment other than the above 2-year period of fine, and the age, character, environment, motive and circumstance of the crime of this case, etc.