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 June 11, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on the summary order of KRW 1.5 million, and on February 4, 2009, the same court received a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

피고인은 2019. 7. 4. 01:30경 경기 부천시 B에 있는 C 식당 앞 도로에서부터 경기 양주시 장흥면에 있는 서울외곽순환고속도로 송추IC 부근 도로에 이르기까지 약 10km의 구간에서 혈중알콜농도 0.084%의 술에 취한 상태로 D 인피니티 QX60 승용차를 운전하였다.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant committed again the crime of this case even though he had the record of punishment several times due to drunk driving, that the same criminal record of the defendant has long been committed, that there is no criminal record exceeding the fine of the defendant, that the defendant has been punished, that the degree of blood alcohol content of the defendant, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case,