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

[Criminal Power] On May 18, 2009, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on April 4, 2009, and was punished for a violation of the Road Traffic Act (driving) three times.

【Criminal Facts】

On October 23, 2019, around 21:20, the Defendant driven a F Coin car in the state of alcohol alcohol concentration of about 0.057% from the 1km section to the front road of the “E” located in the “C cafeteria” in the wife population B, Young-si, and the front road of the “E” located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and output of a drinking measuring instrument;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and other 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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been three times the history of criminal punishment due to drunk driving. In addition, considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, that all of the above previous departments were prior to 2010, and that the blood alcohol concentration was relatively high, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments.