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

On March 20, 2019, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 03:50 on July 12, 2020, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol 0.134% of blood alcohol concentration from the front of the “C” in the Orasi City B to the front of the same city D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Police suspect interrogation protocol concerning F of the defendant's statement in court;

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

1. Records of judgment: Application of criminal records, reply reports (A), 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 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;

Since the Defendant was punished as a drunk driving on March 2019, the Defendant had not passed one year and six months since he was punished as a drunk driving on March 2019, there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant has no record of criminal punishment other than the above one-time fine, and the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as stated in the records, shall be determined by the sentence like the order, taking into account various circumstances, such as the following circumstances.