A defendant shall be punished by imprisonment for one year.

except that 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 November 18, 2008, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act, on November 16, 2019, the Defendant again driven a eMW 520D car from around 200 meters to the front road of the D-care center located in Gyeonggi-si B while under the influence of alcohol level 0.098% under the influence of alcohol level around 21:44, Nov. 16, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of a suspended sentence under Article 62(1) of the Criminal Act shall be the same as the sentence, comprehensively taking into account the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and other conditions of the sentencing as shown in the records, such as the criminal records of the same kind of crime (two times) as the reason for the sentencing under Article 62(1) of the Criminal Act;