Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[criminal history] On December 29, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) in the support of Suwon Friwon Frigwon.

[Criminal facts] On September 19, 2020, at around 00:50 on September 19, 2020, the Defendant driven an E Car under the influence of alcohol level of about 0.199% during blood alcohol level from around 600 meters to the front roads of D located in the same Gu C in the front of the area B in Suwon-si, Suwon-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge of the drinking), notification on the result of regulating the driving of drinking, and written appraisal;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of criminal history);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant again committed the instant crime even though he had the record of punishment due to drinking driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case, and that the defendant has no record of being punished for not less than 10 years from the previous conviction to the crime of this case.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.