A defendant shall be punished by imprisonment for a term of one year and ten 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 September 14, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On June 13, 2020, at around 00:05, the Defendant driven a Cping MZ car in a drunken state with about 0.123% alcohol concentration from the distance of about 6 km from the front of the Gupuri-gu, Suwon-si to the front of the Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and records on blood alcohol concentration among the drinking drivers;

1. Records of judgment: Application of five copies of a statement on criminal records, a statement on criminal records, and a 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

In addition, the possibility of criticism is not significant in that the Defendant had been aware of his past history of being found to have been subject to punishment four times due to drinking driving, and was engaged in drinking driving of this case at another time.

However, the defendant recognized the crime of this case and divided his mistake, the records of drinking driving of the defendant have passed more than 12 years since the date of the crime of this case, and there is no record of punishment that the defendant has been subject to suspended execution or more yet, and other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., which are the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as the sentence like