A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On October 19, 2018, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

around 01:45 on August 30, 2020, the Defendant driven a D QM6 car under the influence of alcohol concentration of about 0.249% in the section of approximately 2 km from the 2km of Suwon-si, Suwon-si to the front street of the city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and appraisal report on the circumstances of the driver;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (attached to the previous and summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 regarding the order to provide community service and attend lectures was even when the Defendant was punished twice due to drinking alcohol driving since 2015, and the instant drinking driving was also conducted at the same time, and the blood alcohol concentration level was very high at the time, and the accident was caused by contact. The nature of the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction in excess of the fine, that there is no multi-personal damage, etc., and other various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime, shall be determined as ordered.