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 May 20, 2015, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a crime of violation of the Road Traffic Act.

On November 13, 2019, the Defendant driven an E-Ud vehicle from the funeral hall of a hospital in Suwon-si, Suwon-si, to approximately 4 km in the front of Suwon-si, Suwon-si, while under the influence of alcohol of 00:20% of blood alcohol level around 0.078%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking-driving control, measuring set, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant drinking driving in spite of two times, including the previous conviction in the judgment, even though he/she was subject to criminal punishment due to drinking driving. Considering the risk of the occurrence of the accident and the purport of the amendment of the amended law, the nature of the crime is not weak.

In addition to these circumstances, the defendant's age, attitude, environment, driving circumstances, distance, blood alcohol concentration, and circumstances after the crime are considered and various sentencing conditions shown in the arguments are determined as ordered.