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

On April 19, 2007, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act at the Sungwon District Court's Sung-nam Branch on December 14, 2007, a fine of KRW 3 million as a crime of violation of the Road Traffic Act at the Suwon District Court on December 14, 2007, and on December 2, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 2, 2009, and on October 10, 201, the Defendant was sentenced to a summary order of KRW 3 million as a fine of KRW 3 million.

Nevertheless, at around 00:10 on June 21, 2020, the Defendant driven a eMW 520d car under the influence of alcohol concentration of about 0.137% in the 5km section from the front road in Suwon-si, Suwon-si B to the D apartment in the same Young-gu.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, and a list of reported cases;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving and the result of the measurement of drinking;

1. Records of judgment: Criminal history records, inquiry reports, four copies of summary order, application of one copy of judgment, and other 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. 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;

The defendant has already been punished for drinking driving on five occasions, etc., without being aware of the past records (including the previous records of suspension of execution of sentence).