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 November 13, 2015, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on November 13, 2015, and on January 11, 2018, issued a summary order of three million won for a violation of the Road Traffic Act (driving) at the Gyeyang Branch of the Suwon District Court on January 11, 2018.

【Criminal Facts】

On July 25, 2020, at around 23:55, the Defendant driven a BN motor vehicle under the influence of alcohol level of approximately 0.210% from the 4km section to the front road of the public parking lot in the Yellow Station located in 980 in the same city, from the front road in the Geumju-dong, to the street in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. A detailed statement on the handling of reported cases; and

1. Previous records of judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes governing each summary order;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the previous conviction in the judgment, was that the Defendant had been punished twice during the last five years due to drunk driving, and the Defendant’s liability for the crime is not less light.

However, the Defendant stated that the facts charged are recognized and against the Defendant, and that there is no record of a crime exceeding the fine, considering the circumstances favorable to the Defendant, and the punishment shall be determined like the order, taking into account the Defendant’s age, character and conduct, health status, means and result of the crime, and the circumstances after the crime occurred.