A defendant shall be punished by imprisonment for a term of one year and eight 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 December 14, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act by the Suwon District Court. On January 3, 2014, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act in the Daejeon District Court’s Seosan Branch.

On May 14, 2020, at around 23:57, the Defendant driven a Category B 3 km-E car from the route front of the mutual influence house located in the Gungdong-gu, Gungdong-gu to the front of the 15-30m distance at the time of the same city, from the day from the day before the fluence of the trade influence to the fluence of the 15-30 population at the same time.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the violation of the Road Traffic Act;

1. Report on the circumstantial statement of a drinking driver, investigation report, records on the use of a drinking measuring instrument, and notification of the results of the regulation of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and investigation reports (attached to summary orders issued for driving under the influence of a suspect);

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;

The defendant has been subject to punishment since he/she was found to drive under drinking on three occasions.

However, the defendant recognized the crime of this case and divided his mistake, two times of the defendant's drinking driving force has passed since 12 years from the date of the crime of this case, and the defendant has the record of criminal punishment in addition to four times of fine.