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 August 21, 2012, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million on January 23, 2019 from the Suwon District Court to a fine of KRW 7 million for a violation of the Road Traffic Act.

【Criminal Facts】

On November 10, 2019, the Defendant driven a DNA-free car with approximately 100 meters alcohol concentration of about 0.303% from the 100-meter section from the 19:26 U.S. wife population to C in front of the road.

As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of drinking driving control, and request for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes governing the confirmation of criminal records of the same kind;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), (2), and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education has already been punished several times for drunk driving, and even though the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act on January 23, 2019, the Defendant again committed the instant crime on November 10, 2019, before the year was elapsed since it was impossible to do so, and the Defendant had a very high blood alcohol concentration at the time of the instant crime (0.247% as a result of the self-sufficiency measurement, and 0.303% as a result of blood collection appraisal) is the circumstances unfavorable to the Defendant.

On the other hand, it is favorable to the defendant that the distance driven by the defendant is relatively short, and that the defendant has no record of punishment exceeding the fine.

In addition, various factors of sentencing indicated in the records, such as the defendant's age, character and conduct, motive and circumstance of crime, etc.