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

On August 7, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on May 11, 2016, respectively.

On August 15, 2020, at around 01:12, the Defendant, from the front side of the Young-gu B apartment road in Suwon-si to approximately 200 meters of alcohol to the same Gu C, driven a DNA car with a blood alcohol concentration of 0.08% and operated a violation of the Road Traffic Act (driving) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection, and reporting of 112 cases;

1. Notification, etc. of the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 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 fact that he had already been punished for driving under the influence of alcohol on three occasions without being aware of the fact that he was driving under the influence of alcohol in this case.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) twice during the influence of drinking driving of the defendant has passed since the date of the crime in this case; and (c) the defendant has no record of punishment more than a suspended sentence; and (d) the defendant has no record of a suspended sentence.