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

Punishment of the crime

On March 9, 2010, the Defendant issued a summary order of KRW 1 million for a fine of KRW 6 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, on December 6, 2012, the summary order of KRW 2 million for a violation of the Road Traffic Act, and on August 5, 2013, the same court issued a summary order of KRW 8 million for a violation of the Road Traffic Act, respectively.

At around 14:30 on March 11, 2020, the Defendant driven a CFD car under the influence of alcohol concentration of approximately 0.152%, while under the influence of alcohol level, at approximately three meters on the front road B in Seocheon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Reports on internal affairs in each statement of the defendant's legal statement;

1. A photograph of actual condition survey report, a report on the statement of the situation of a drinking driver, and a CCTV-cape report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, and summary order three-yearly Acts and subordinate statutes;

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, including probation, community service order, and order to attend a lecture, is an offense in which not only the person himself but also another person's life can be taken, and the criminal defendant repeated the crime despite the fact that he had been punished five times due to drinking driving, and even if he caused an accident during drinking driving, it is necessary to punish the criminal defendant strictly in light of the following: (a) the defendant's act of drinking alcohol without dealing with the accident; and (b) the defendant's act of drinking alcohol without dealing with the accident.

However, the fact that the defendant recognized the crime of this case, the driving distance was relatively short, and the same punishment power is not available within the last five years, and there is no penalty power exceeding the fine, etc. are considered as favorable to the defendant.