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 August 2, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On April 29, 2020, the Defendant was under the influence of alcohol of 0.103% of blood alcohol concentration at around 22:49, and the Defendant was driving a F Kanop car at a section of approximately 200 meters from the front side of the cafeteria C cafeteria located in the GGGGE to the front day of the E-lane located in D.

Summary of Evidence

1. Defendant's legal statement;

1. A written report of inspection of cases;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the control of drinking driving, and log of the measurement of drinking;

1. Records of judgment: Application of one copy of a statement on criminal records, a written summary order, and one copy of the relevant 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 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 been subject to punishment because he/she has already been found to drive under drinking twice.

However, the defendant recognized the crime of this case and divided his mistake, and the records of drinking driving of the defendant have passed at least eight years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime of this case, and other circumstances which form the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.