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

The Defendant was issued, at the Suwon District Court, a summary order of KRW 2 million on April 24, 2009, and a summary order of KRW 4 million on May 6, 2015.

On July 3, 2020, the Defendant driven an E 7-car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.108% from the section of approximately 100 meters from the front of the wife B to the front of the D located in C, G on July 3, 2020.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 already been punished for refusing to measure drinking or being exposed to drinking driving on three occasions.

However, the defendant recognized the crime of this case and divided his mistake, the two times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant has no criminal records other than four times prior to the crime of this case, and the defendant has no criminal records other than the four times prior to the crime of this case, and the punishment as ordered shall be determined by taking into account the various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., as