A defendant shall be punished by imprisonment for a term of one year and eight 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

The Defendant was issued, at the Suwon District Court, a summary order of KRW 2 million on February 13, 2009, and a summary order of KRW 4 million on October 24, 2014.

On July 31, 2020, the Defendant driven D 3 cargo vehicles while under the influence of alcohol of about 0.223% of alcohol concentration from a section of about 577 meters from the front of Suwon-si, Suwon-si B to the front of the same Gu C, which was around 19:36.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Report on the circumstantial statement of the driver, investigation report, records on blood alcohol concentration, investigation report (Calculation of blood alcohol concentration value as at the time of committing a criminal suspect), suspect photograph, etc.;

1. Records of judgment: Application of one copy of criminal records, reply note, and 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 is very high in the blood alcohol concentration due to drinking of this case.

The defendant has been subject to punishment since he/she was found to drive under drinking on three occasions.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, two times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and other various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., which are the conditions of sentencing as shown in the records, are considered.