Defendant shall be punished by imprisonment for a term of one year and two 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 July 25, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court on July 25, 2016, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the same court on November 7, 2016.

Criminal facts

On April 22, 2020, the Defendant driven a B SP car under the influence of alcohol leveling of about 0.178% in a section of about 1km from around 33.8km to the roads near 185 Gayang-si, Namyang-si, Namyang-si, Seoul, to 33.8km in the Gayang-si, Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report, notification on the results of the control of drinking driving, inquiry request for appraisal, and notification on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes, such as a statement on criminal records, references to dispositions, reporting on the results of confirmation, and a summary order attached thereto;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to sentence, committed the instant crime even though he had been punished on or around 2002, around 2003, and on or around two occasions around 2016, and on or around 201, committed the instant crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration is 0.178%.

In addition, the fact that the defendant shows an attitude against the defendant, scrapped the vehicle, and does not repeat the crime, the age and character of the defendant, family relationship, motive and means of the crime, circumstances after the crime, etc. are shown in the records and arguments of this case.