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 November 9, 2011, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

At around 19:45 on April 30, 2020, the Defendant driven a FK7 car in the state of alcohol alcohol content of about 0.224% at the section of approximately 100 meters from the Do in front of the C cafeteria located in Young-gu, Young-si B to the front of the E gate located in the same Gu.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reporting on detection, etc. (Road Traffic Act-driving, and violence);

1. Statement of the circumstances of a drinking driver, investigation report, notification of the results of the control of drinking driving, and record of the results of the measurement of drinking;

1. Records of judgment: Application of one copy of criminal records, reply note, 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 is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but is very high in the blood alcohol concentration due to drinking of this case.

The defendant has already been punished for driving under drinking or refusing to measure drinking on three occasions, and has a lot of possibility of criticism in that he was driving under drinking without being aware of the past records.

However, the defendant recognized the crime of this case and divided his mistake, completed the special traffic safety education conducted by the Road Traffic Authority after the crime of this case, the defendant's drinking driving force has passed at least eight years from the date of the crime of this case, and the defendant shall be punished by the above three times.