A defendant shall be punished by imprisonment for not less than one year and six 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 March 30, 2011, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Suwon District Court on March 30, 201, and on October 30, 201, the Defendant issued a summary order of KRW 3 million by the same court on October 30, 2013.

On December 15, 2019, according to the records of about 0.073% of blood alcohol level in the section of about 500 meters from the Do in front of the Suwon-si, Suwon-si B, the Defendant corrected it because it is obvious that the “0.074%” as stated in the indictment is a clerical error.

Dsch Rexton car was driven under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Records of judgment: Application of criminal history records, reply reports, investigation reports (former and current Acts and subordinate statutes);

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 reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

Defendant has been punished for being exposed to drunk driving, etc. on three occasions.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, the sentencing conditions indicated in the record shall be determined as ordered by taking into account that the defendant recognized the crime of this case and divided his mistake, that two times during the period of drinking driving of the defendant has passed at least eight years from the date of the crime of this case, and that the defendant's age, character and conduct, the environment