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

[criminal power] On March 3, 2010, the Defendant received, respectively, a summary order of KRW 2 million from the Suwon District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 4 million from the Suwon District Court to the same crime on September 17, 2013.

【Criminal Facts】

At around 05:20 on June 8, 2020, the Defendant driven a e-learning car under the influence of alcohol level of about 0.207% in the section of approximately 6 km from the front of the wife population B apartment in Yongsan-si to the front of the Gu C apartment Ddong.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, investigation report, records of notification of the results of the drinking driving control and/or drinking alcohol measurement records, and investigation report (a confirmation of a suspect who is made from a drinking-driving vehicle through acctv image);

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order Acts and subordinate statutes;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant was punished three times by a fine due to drunk driving, and the blood alcohol concentration level at the time of the instant case also resulted in the risk of the occurrence of the accident. In addition, considering the purpose of the amendment of the Act, which is increased by the statutory penalty, the nature of the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.