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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 26, 2008, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court on May 18, 2010 to a fine of KRW 1.5 million, to a fine of KRW 1.5 million, to a fine of KRW 1 million from the Sungnam branch of the Suwon District Court on May 18, 2010, and to a fine of KRW 2.5 million from the Suwon District Court on August 13, 2010 to the same crime.

On October 8, 2019, at around 03:19, the Defendant driven a DK7 car while under the influence of alcohol content of about 0.220% in the section of about 500 meters prior to Osan-si, Osan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to previous records and copies of summary order), and application of statutes governing summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 risk of recidivism is likely because the defendant, with the reason of sentencing of Article 62-2 of the Criminal Code, has been once the same force as the defendant, even though the probation, the order to attend a lecture, or the order to provide community service,

At the time, blood alcohol concentration was also high.

However, it shall be considered in favor of the fact that the defendant's mistake was properly observed, that the driving distance is not visible, that there is no penalty power exceeding the fine, that there is no accident, and that there is no accident.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.