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 February 13, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on February 13, 2009, and KRW 2 million for the same crime at the Suwon District Court on September 28, 2016.

【Criminal Facts】

On March 17, 2020, at around 21:30, the Defendant driven a Cdisane car with approximately five meters of approximately 0.098 meters of alcohol level while under the influence of alcohol level 0.098%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 defendant, including the previous conviction in the judgment of the court below, committed the instant drinking driving in spite of the past four times of the criminal records of sentencing under Article 62-2 of the Criminal Act, and the degree of blood alcohol concentration at the time of drinking driving. Considering the risk of the occurrence of the accident and the purport of the amendment of the amended Act, the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine, the driving distance has been relatively short, and other various sentencing conditions specified in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, and the source of family members and branch members, shall be determined like the order.