A defendant shall be punished by imprisonment for a term of one year and three 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 29, 2016, the Defendant issued a summary order of a fine of KRW 4 million at the Suwon District Court for a violation of the Road Traffic Act (driving) at the Suwon District Court on March 29, 201, and the records of drinking driving are four times in total.

【Criminal Facts】

On April 6, 2020, the Defendant, who had the power of violating the prohibition of driving under the influence of alcohol, driven a Fland knife vehicle under the influence of alcohol with approximately 0.185% of alcohol content from the road front of Dhop in the vicinity of the Crife Crife B to the front road of the same city Erife.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (verification of suspect's records of driving under the influence of alcohol), and application of Acts and subordinate statutes of Part IV of the summary order;

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. Although the reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures had already been punished four times or more, the pertinent drinking driving was conducted at the same time, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended law whose statutory penalty is raised, the nature of the relevant crime is not weak.

In addition, since the blood alcohol concentration at the time of driving is relatively high, the risk was also reasonable.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc