A defendant shall be punished by imprisonment for a term of one year and four 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 1, 2009, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court for a crime of violation of the Road Traffic Act, and on October 1, 2010, the Defendant was issued a summary order of KRW 1.5 million by the same court as the crime of violation of the Road Traffic Act.

Nevertheless, at around 04:04 on June 14, 2020, the Defendant driven a car with approximately 120 meters DMW 320 d motor vehicles with approximately 120 meters from the front road of Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, the alcohol concentration of which is 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the closure and investigation of CCTV images;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes on criminal records, reply reports, and copies of each summary order;

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 is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the records of drinking driving of the defendant have passed nine years since the date of the crime of this case, and the defendant has no record of punishment more than a suspended sentence, and the defendant has no record of punishment yet to be punished, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., and the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.