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

On April 10, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On June 22, 2020, at around 04:54, the Defendant, from the front of the Suwon-gu, Suwon-si B, Suwon-si, to the front of the 998 Sowing-gu, Suwon-gu, Suwon-si, the Defendant driven a CFstyna car with a blood alcohol content of about 0.167% at around 2.3km, while under the influence of alcohol with a blood alcohol content of at least 0.167% at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the results of the drinking driving control, drinking measuring set, reporting on the state of drinking driving, etc.;

1. Records of judgment: Application of one copy of criminal records, reply note, and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

The defendant has been subject to punishment because he/she has already been found to drive under drinking twice.

However, the defendant's recognition of the crime of this case and reflects the fact that the defendant's drinking driving force has passed since the date of the crime of this case, the defendant has no record of criminal punishment except for four times of fine, and the defendant has no record of criminal punishment. Other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, the circumstances after the crime of this case, etc., shall be determined as ordered by taking into account the following circumstances.