A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On April 3, 2018, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on April 3, 2018. On July 24, 2018, the Defendant was sentenced to a summary order of three million won for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on July 24, 2018.

【Criminal Facts】

On September 22, 2019, the Defendant again driven D class III cargo vehicles with a blood alcohol concentration of about 0.20% from around 00:20 on September 22, 2019 to around 3, 200 on the part of about 1km from the Do adjacent to Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (Calculation of blood alcohol concentration);

1. Notification of the control of drinking driving;

1. Previous convictions: Criminal records, investigation reports (verification of the same criminal records as suspects), written judgments, and copies of summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant had been punished several times due to drunk driving, but he/she re-driving.

The blood alcohol concentration of the instant case is very high.

There is no time gap between the previous crimes of drunk driving, and there is a record of being punished several times due to the crime of different types of crime.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, and the criminal records of drunk driving are both punished by a fine, and there is no punishment exceeding a suspended sentence since 2008, even after the crime is committed, the sentence of a sentence against the defendant is harsh.