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

[criminal power] On October 22, 2010, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court’s horizontal Housing Site as a crime of violation of the Road Traffic Act (driving). On October 7, 201, a fine of KRW 3 million in the same court as the same crime, etc. on October 7, 201, and a fine of KRW 8 million in the same court on December 31, 2015.

【Criminal Facts】

Although the Defendant had a punishment force three times as above, on February 25, 2020, at around 02:28, the Defendant driven B rocketing vehicles with blood alcohol concentration of 0.128% and proceeded with approximately 500 meters from the D cafeteria in Pyeongtaek-si C to the frontway of the Pyeongtaek-si building.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: A inquiry inquiry report including criminal records, each disposition not before the disposition, reporting on the results of confirmation, and application of Acts and subordinate statutes governing 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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. shall be determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including probation, community service order, and lecture order, the age, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and circumstances

Unfavorable circumstances: The fact that a person has been subject to a fine three times or more due to a drunk driving and has repeated driving without being subject to a fine, and the circumstances leading up to the detection and the fact that the degree of danger due to driving was reasonable in light of the blood alcohol concentration level at the time: The fact that the crime is recognized and reflected, there is no circumstance that the risks due to driving are realized, and there is no criminal record exceeding a fine.