A defendant shall be punished by imprisonment for one year.

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

[criminal power] On September 25, 2009, the Defendant received a summary order of a fine of two million won in the branch court of Suwon District Court on September 25, 2009.

【Criminal Facts】

At around 20:40 on May 5, 2020, the Defendant driven a D car while under the influence of alcohol 0.170% in blood alcohol concentration from the front road of the Namyang-si to the front road of the Namyang-si.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. The defendant's legal statement, the circumstantial report on the driver's oral statement, the investigation report, the report on the driver's oral statement, and the report on the 112 reported case records as a result of the crackdown on the drunk Driving; and

1. Previous convictions indicated in the judgment: Criminal history records, references (A), reporting on the results of confirmation before disposition, and application of Acts and subordinate statutes of the 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 Defendant committed the instant crime with the reason for sentencing Article 62-2 of the Criminal Act, even though he had had the record of punishment for drinking driving in 2004 and 2009.

The defendant was punished by a fine twice for driving without a license.

The defendant had caused an accident that causes telecommunication shock during drunk driving.

The sentencing conditions specified in the records and arguments of this case, such as the interval and frequency with the previous penal force as above, and the blood alcohol concentration (0.170%) of this case, the distance of drunk driving (200m), the background of detection, the age and character of the defendant, personality and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account.