A defendant shall be punished by imprisonment for two years.

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

[criminal power] On July 18, 2008, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 13, 2010, a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 13, 2010, and on February 17, 2012, a summary order of KRW 5 million was issued to the Suwon District Court on February 17, 2012, and on January 28, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Suwon District Court on June 28, 2016.

【Criminal Facts】

On September 25, 2019, at around 04:45, the Defendant driven a DNA rocketing car with a blood alcohol concentration of about 0.067% from approximately 2 km section to the front road of the water source to the water source o.067% in the same Young-dong on the same day from the front road of the C Elementary School located in Young-gu, Young-si B.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished five times or more for drunk driving (including the previous conviction for a suspended sentence of imprisonment with prison labor); (b) since June 25, 2019, the penal provision for drinking driving has been strengthened; and (c) the Defendant was able to easily understand the aforementioned circumstances through the media, and there is a need for a strict punishment in that he/she was engaged in the instant drinking driving.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant's age, character and conduct, environment, motive, means and result of the crime.