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

On December 23, 2011, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act, and a summary order of KRW 6 million for the same crime at the Suwon District Court on March 15, 201.

On September 21, 2019, at around 23:56, the Defendant driven C Coin car with a blood alcohol concentration of approximately 0.113% from the 20km section from the front of the B market in the Sinsi City to the front road of the sports park located in the 2160-dong, Sinsi-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry report on the control of drinking driving, and output of the results of measurement;

1. Records of judgment: Application of criminal history records, inquiry reports, and investigation reports (verification of the same type of crime records) 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 with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

Since the Defendant was punished for drinking driving on March 2017, the Defendant again committed the instant crime due to the lapse of three years after he was punished for driving on drinking in March 2017, there is a lot of possibility of criticism.

However, the following circumstances are as follows: (a) the Defendant recognized the instant crime; (b) the Defendant did not have any other criminal records other than three times prior to a fine; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; (d) means and consequence; and (e) the conditions of sentencing indicated in the record.