A defendant shall be punished by imprisonment for two years.

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 June 3, 2011, the Defendant received a summary order of KRW 2,50,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act (driving in Drinking).

【Criminal Facts】

Although the Defendant had a punishment force for drunk driving once, on May 31, 2020, at around 00:40, the Defendant driven B-V vehicle under the influence of alcohol concentration of 0.122%, and proceeded with approximately 40 meters from the day of Pyeongtaek-si C, to the front day of E-V store located in Pyeongtaek-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry report, previous records of disposition, and report on results of confirmation - Application of Acts and subordinate statutes governing summary orders;

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. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, was sentenced to a fine for drunk driving in the year 2001, a fine for a drunk driving and a unlicensed driving in the year 2002, a fine for six months, a suspended sentence of two years, a fine for a drunk driving in the year 2002, and a fine for a drunk driving in the year 2005, and a fine for a drunk driving in the year 201.

The drinking alcohol level of drinking driving is high.

In light of this point, the liability for the crime is not somewhat weak.

However, in addition to the fact that the defendant is against his mistake, the number of sentencing factors such as the time interval between the previous drunk driving and the previous drunk driving, the driving distance of the drunk driving, the age, character and conduct of the defendant, the environment, and the circumstances after the crime shall be comprehensively taken into account, and the final judgment of the suspension of execution shall be made in accordance with the order.