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

In violation of Article 44(1) of the Road Traffic Act, the Defendant was sentenced to a suspended sentence of 2 years for the crimes of violating the Road Traffic Act (driving on a drinking basis) at the District District Court of Jungcheon-si on January 25, 2008. On June 26, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving DNA Ⅱ with the blood alcohol content of 0.034% in the 7km section from the front side of the road located in Seocheon-si B to the front side of the transmission distance located in the same Sincheon-si on June 26, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgment)-related Acts and subordinate statutes;

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. Even before the reason for sentencing Article 62-2 of the Criminal Act, the defendant has been subject to punishment several times, including imprisonment for the same kind of crime, such as drunk driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on Special Cases concerning the Settlement

Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.034%.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.