A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 14, 2018, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On December 23, 2019, at around 22:28, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 0.046% in the 1km section from the front road located in Suwon-si, Suwon-si B to the front road located in the same Gu D to the front road located in the same Gu.

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, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 has already been punished two times due to drinking driving, and the Defendant again committed the instant crime since two years have not passed since he/she was punished for drinking driving on March 2018, and there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, the defendant has no record of punishment more than a suspended sentence, and the defendant's drinking driving record of 202 year has passed since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., and the punishment as ordered shall be determined in consideration of various circumstances that are conditions for sentencing as shown in the records, such as the following circumstances.