A defendant shall be punished by imprisonment for a term of one year and eight 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 December 11, 2017, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Suwon District Court, and a summary order of KRW 4 million for the same crime in the same court on March 20, 2019, respectively.

【Criminal Facts】

On July 17, 2020, at around 22:35, the Defendant driven an E body-ray car in the state of alcohol alcohol concentration of approximately 0.084% from the front of the business building in Suwon-si, Suwon-si, to the front road of the D secondary school located in Suwon-si, Suwon-si, Suwon-si, to the front of the D secondary school located in Suwon-si, the Defendant driven the E body-ray car in the state of drinking.

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

Summary of Evidence

1. Defendant's legal statement;

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

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

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 Act on the order to provide community service and attend lectures was that the Defendant was punished twice by a fine due to drinking driving in the short term, but the Defendant was also sentenced to the instant drinking driving. It seems that there was a lack of compliance spirit and safety awareness with traffic regulations, and there was a lack of risk of the occurrence of the accident because the blood alcohol concentration level was not lowered at the time of the instant case.

Therefore, the nature of the crime is not somewhat weak.

However, considering the fact that there is no previous conviction in excess of the fine yet, the fact that the accident has not led to the accident, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, drinking volume, and circumstances after the crime.