A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 27, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on January 22, 2015, respectively.

【Criminal Facts】

On January 20, 2020, the Defendant driven an E Car under the influence of alcohol level of about 0.101% from a 200-meter section from the G hotel in Suwon-si B hotel in Suwon-si to the front road in D in the same Gu C to the front road in the same Gu.

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 statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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 reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was two times after 2010, and the blood alcohol concentration level at the time was also significant. Considering the risk of an accident caused by the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous one, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.