A defendant shall be punished by imprisonment for not less than one year and six 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 July 22, 2013, the Defendant received a summary order of KRW 3 million from the Suwon District Court as a crime of violation of the Road Traffic Act, and KRW 2 million from the Suwon District Court to the same crime on July 24, 2019.

On December 14, 2019, at around 03:30, the Defendant driven a C Trate car at a section of approximately 1.5 km from the back side of Suwon-si, Suwon-si to the front side of Suwon-si, Suwon-si, Suwon-si, from around 0.154% of blood alcohol concentration.

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 response to requests for appraisal by the drinking driver; and

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 orders to provide community service and attend lectures is that the Defendant was punished by a fine on two occasions in 2013 and 2019, but the Defendant committed the crime of drinking and driving under the influence of alcohol at least five months from the date of the last punishment. However, there is a lack of compliance and safety awareness with traffic regulations in that the Defendant repeated the crime within a short period of time, and accordingly, it is not good that such crime may cause harm to human life and property on the road, and thus, the Defendant selects imprisonment.

However, the execution of a sentence shall be suspended by taking account of the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, etc., and the defendant's age, attitude, environment, driving circumstances, distance, blood alcohol concentration level, circumstances after the crime, etc. are considered, and the punishment is imposed as ordered.