A defendant shall be punished by imprisonment for a term of two years 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 May 16, 2008, the Defendant issued a summary order of KRW 3.5 million to a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Suwon District Court on May 16, 2008, and a summary order of KRW 1 million to a fine at the Suwon District Court on December 26, 2013, respectively.

Nevertheless, at around 22:11 on May 27, 2020, the Defendant driven DK5 automobiles under the influence of alcohol with approximately 00 meters alcohol concentration of approximately 0.063% from the street in front of Suwon-si B to the front of Suwon-si C.

Accordingly, even though there was a history of punishment for drinking driving and refusing to measure drinking, the Defendant again driven a motor vehicle and violated it not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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;

The defendant is not aware of the history of punishment because he had already been discovered as a drinking driving or a drinking refusal to take a drinking test four times, and is also aware of the possibility of criticism in that he/she is driving the drinking of this case.

However, it is against the defendant's recognition of the crime in this case, three times of drinking driving of the defendant has passed since the date of the crime in this case, and there is no record of punishment that the defendant has been subject to suspended execution or more, and other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc.