A defendant shall be punished by imprisonment for not less than one year and six 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 April 21, 2008, the Defendant received a summary order of KRW 700,000 from the Sungnam Branch of Suwon District Court on April 21, 2008, and a summary order of KRW 2 million from the Seoul Eastern District Court on September 8, 2017.

On August 29, 2020, the Defendant driven a c motor vehicle under the influence of alcohol content of about 0.148% in the section of approximately 2 km from the road located in Suwon City (hereinafter referred to as Suwon-si) to the front road of the same Si/Gu.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and record book on blood alcohol concentration;

1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 September 2017, the Defendant committed the instant crime again for about three years after being punished for drinking on or around September 2017, there is a lot of possibility of criticism.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the 2008 period of drinking driving of the defendant has passed since the date of the crime of this case, the fact that the defendant has no record of punishment more than the suspended execution yet, and the age, character, environment, motive, circumstance, means and result of the crime of this case.