A defendant shall be punished by imprisonment for two years.

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 July 25, 2012, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), etc., and on December 20, 2017, the same court issued a summary order of KRW 5 million due to a fine for a violation of the Road Traffic Act (refluence of measurement).

【Criminal Facts】

On October 2, 2019, at around 23:37, the Defendant driven DK5 cars from the front side of the entrance of the Heungungungung-gu B apartment at the Kungung-gu, Gung-gu to the front side of the same Gu at approximately 1.6 km in the state of alcohol level of 0.202%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, replys, and application of Acts and subordinate statutes attaching the same summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend a lecture has the history of having been punished by drinking, etc. on several occasions. Since June 25, 2019, the penal provision for drinking driving was strengthened, and the Defendant was also able to easily understand the above circumstances through the media, etc., and there is a need to punish the Defendant with severe punishment in that he was able to deny the crime immediately after drinking driving.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc