A defendant shall be punished by imprisonment for a term of one year and ten 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 June 5, 2009, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act, and on June 3, 2015, by the same court, a fine of KRW 5 million was issued for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act.

On September 26, 2019, the Defendant driven the E-7 car under the influence of alcohol content of about 0.206% in a section of about 800 meters from the 800-meter radius to the front road of D High School located in C in front of the potatoum House where the name located in C cannot be known.

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 statements, investigation report (report on the status of a drinking driver), and notification of the results of the regulation of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and copies of summary order Acts and subordinate statutes;

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 is very high in the blood alcohol concentration due to drinking of this case.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records other than the above two times of fine, and the defendant's drinking driving force in 2009 has passed 10 years from the date of the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., the punishment as ordered shall be determined by taking into account the various circumstances which form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior,