A defendant shall be punished by imprisonment for one year.

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 March 5, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at a wooden branch of the Gwangju District Court on March 5, 2008, and on August 30, 2013, the Defendant was sentenced to a summary order of KRW 2 million for the same crime from the Seosan branch of the Daejeon District Court on August 30, 2013 and was punished for drinking driving two times.

【Criminal Facts】

On July 15, 2019, at around 00:25, the Defendant driven the Jeondong Kwikset with approximately 300 meters of alcohol level 0.172% under the influence of alcohol level at around 0.172%, from the roads near Sinpo City B to the E-park in Sinpo City D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, an accident site photograph, an inspection report, an investigation report, the results of crackdown on drinking driving, an internal investigation report, and a copy of Kwikset's assistant information;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of suspect A-like records);

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, even though the Defendant had been punished twice due to drinking driving, repeated drinking driving.

It is necessary to strictly punish the defendant in light of the criminal records, the degree of driving, and the social risks of drinking driving.

However, the sentence as ordered shall be determined in consideration of all the sentencing conditions shown in the records and arguments, such as the fact that the defendant is against the wrongness, the excessive criminal records of fines are nonexistent, and the defendant's age, character and conduct, environment, family relationship, etc.,