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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On March 23, 2007, the Defendant was issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act at an Ansan District Court's Ansan Branch, and on September 2, 2013, the Defendant was issued a summary order of 1.5 million won of a fine at the Suwon District Court as the same crime.

【Criminal Facts】

At around 23:30 on December 21, 2019, the Defendant driven DMWx 6 automobiles from around the convenience store in the Suwon-si apartment complex B around Suwon-si to the front road of the same Gu from around about 500 meters from around 0.131% of blood alcohol concentration.

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 results of the drinking driving control and records of drinking water keeping;

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) 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 reason for sentencing under Article 62-2 of the Criminal Act requires that the Defendant was punished three times or more by drinking alcohol, and that the penal provision for drinking alcohol was strengthened since June 25, 2019, and that the Defendant was able to easily understand the above circumstances through the media, etc., and that the Defendant was engaged in drinking alcohol driving in the instant case, and that the blood alcohol concentration at the time of drinking alcohol is relatively high.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment heavier than a suspended sentence due to the same kind of crime, and that there is no record of punishment for the defendant, and other various circumstances that are the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered