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

On July 21, 2011, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Road Traffic Act, etc. by the Seoul Northern District Court.

Criminal facts

On October 7, 2019, at around 04:38, the Defendant driven C K3 car under the influence of alcohol with approximately 20km alcohol concentration of about 0.159% from the 20km section from the front of a restaurant where it is impossible to identify the trade name near the mother of Sungnam City to the front of the Gwangju City.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he had the record of being punished for drinking alcohol driving.

Considering the fact that the defendant has been sentenced to the suspension of the execution of imprisonment due to drinking driving in the past, the degree of the driving, the degree of the driving, and the fact that there are many traffic-related criminal records such as after-accidents, unlicensed driving, etc. in addition to the force of drinking driving in the judgment, it is against the fact that the defendant has been sentenced to the suspension of the execution of imprisonment due to drinking driving in the past, and the fact that the force of driving

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.