A defendant shall be punished by imprisonment for a term of one year and two 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 August 20, 2010, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on May 2, 2012, the Defendant received a summary order of KRW 3.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act.

According to the records, each summary order issued in the indictment is correct because it is obvious that the date of issuance is a clerical error.

On January 24, 2020, the Defendant driven D vehicles under the influence of alcohol content of 0.078% in the blood alcohol concentration of 0.078% from the vicinity of Suwon-si C, Suwon-si, to the front day of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the front day of the viewing of the water source located in 241.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver;

1. Statement on the circumstances of a drinking driver, report on the results of the drinking driving control, and a drinking record tag;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to the same summary order) and 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 with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that a defendant, who has the record of driving under the influence of alcohol, drives under the influence of alcohol, and the nature of the crime is not weak;

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records other than the above two times of fine, and the defendant's drinking driving record of 2010 has passed nine years from the date of the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., the punishment as ordered shall be determined by taking into account the various circumstances which form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, environment,