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

On November 25, 2011, the Defendant received a summary order of KRW 4 million as a crime of violating road traffic law (e.g., refusal of drinking), from the Suwon District Court’s Pyeongtaek District Court.

On May 7, 2020 21:25, the Defendant driven a D low-speed car with alcohol content of about 0.209% in the 4km section from around Pyeongtaek-si B to the front road of the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and the application of the same criminal records and statutes;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) and (2) of the Criminal Act, Article 59 of the Act on the observation of protection, community service order and order to attend lectures, and Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and the observation of protection, etc., shall be determined as ordered by comprehensively taking into account all factors of sentencing as shown in the argument of the instant case, such as the circumstances and age, sex, environment, family relationship, motive for the crime, means

D. Unfavorable circumstances: A person has already been punished five times or more due to his/her refusal to drive alcohol or to measure drinking; the person is punished once the sentence is imposed; the person drives drinking again despite his/her previous convictions once the suspension of execution; the person was found to have high alcohol concentration in blood at the time of the detection; and the risk was reasonable.

The more favorable circumstances: The fact that the crime is recognized and reflected, there are some extenuating circumstances to take into account the circumstances of the driving, the fact that the risks of the driving do not seem to be the circumstances that realize the risks of the driving, and the second conviction after a considerable period of time has elapsed from the time of the previous conviction.