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

The Defendant, at the Suwon District Court on March 13, 2013, issued a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 26, 2013, a fine of KRW 5 million for the same crime in the same court on July 26, 2013, and a fine of KRW 5 million in the same court on June 20, 2016, respectively.

On November 12, 2019, at around 00:42, the Defendant driven a knife vehicle in Ireland with approximately 00 meters alcohol level of approximately 0.132% under the influence of alcohol level from the 400m section near Suwon-si, Suwon-si to the front route of D in 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. Investigation reports and notification of the results of the control of drinking driving;

1. Before judgment: Application of three copies of criminal records and summary order under the Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had been committed again in the instant crime even though the Defendant had been punished several times for the same crime, and the blood alcohol concentration at the time was also reasonable.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant committed a mistake correctly, the driving distance is relatively short, the accident did not occur, and the age, character, conduct, career, environment, circumstances after the crime, etc. of this case, and the circumstances after the crime.