A defendant shall be punished by imprisonment for a term of one year and four months.

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

[criminal power] On May 15, 2009, the Defendant issued a summary order of KRW 2 million with a fine of KRW 1.5 million at the Suwon District Court for a violation of the Road Traffic Act, a summary order of KRW 1.5 million with the same crime in the same court on July 2, 2010, and a summary order of KRW 2.5 million with the same crime in the same court on April 25, 201, respectively.

【Criminal Facts】

Nevertheless, on September 4, 2020, the Defendant driven a f highest car at approximately 300 meters away from the E in front of the city in the same city D, while under the influence of alcohol at around 0.159% of blood alcohol level, around 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and appraisal report on blood alcohol concentration among the drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant was punished three times by a fine due to drunk driving, and the blood alcohol concentration level at the time was significantly high. In light of the risk of the occurrence of the accident and the purport of the amendment of the law to which statutory punishment increased, the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.