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

Punishment of the crime

[Criminal Power] On July 12, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On July 11, 2020, the Defendant was under the influence of alcohol of 0.211% of blood alcohol concentration on July 11, 2020, and was driving a Fsch Rexton car at approximately 3km from the front side of the “C” located in G in Young-si, Young-si, to the front side of the “E” located in D in the same Gu.

2. On July 13, 2020, the Defendant was under the influence of alcohol of 0.143% by blood alcohol concentration at around 01:40, the Defendant driven a Fsch Rexton car at the section of approximately 2.5 km from the front side of the “C” located in Young-si, Young-dong, 573 “T” located in Young-si, Young-si.

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 statements of each drinking driver, investigation report (report on the circumstances of the drinking driver), and the result of measurements of drinking driving;

1. Previous for judgment: Application of one copy of the statement of criminal history records, and one copy of the summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, despite the fact that the Defendant was sentenced to a fine due to drinking driving in 2016, committed each of the crimes of this case under the influence of alcohol driving. In particular, the interval of each of the crimes of this case is only two days, and thus, it is likely that the compliance spirit or safety awareness about traffic offense is rare and the possibility of recidivism is also likely

Furthermore, at the time of the case, the blood alcohol concentration of the defendant was very high and the single accident occurred. In light of the contents of the report, field photographs, etc., the risk of the accident was very important.

3.2