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 July 18, 2012, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Suwon District Court on July 18, 2012, and the records of drinking driving are four times in total.

On May 6, 2020, the Defendant was a person with the power of violating the prohibition of driving under the influence of alcohol, and driven a FMW 520 d motor vehicle under the influence of alcohol with approximately 0.116% of alcohol content 0.16% at a section of approximately 2.7km from the roads near the wife B in Yong-si 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 statement of a drinking driver, investigation report, and place where drinking is measured;

1. Records of judgment: Application of Acts and subordinate statutes of four copies of criminal records, reply reports, and 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, it is against the defendant's recognition of the crime of this case, the drinking driving records of the defendant are eight years or more from the date of the crime of this case, and there is no record that the defendant has been punished for suspended execution or more yet, and records such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc.