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 April 3, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court, on May 30, 2012, a summary order of KRW 2 million as a fine for the same crime from the Ansan Branch Branch of the Suwon District Court, and on July 12, 2013, a summary order of KRW 4 million as a fine for the same crime was issued by the Suwon District Court.

【Criminal Facts】

On September 10, 2019, the Defendant, while under the influence of alcohol around 0.137% of blood alcohol concentration, was driving a F B-be-cracked vehicle from the front of the cafeteria in the Gu, to the front of the same D apartment E-dong underground parking lot.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (a summary order, etc. attached to the same type of drinking driving force);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant, as stated in its reasoning, has been subject to punishment for drunk driving three times even though he/she had the history of driving under the influence of alcohol.

In light of the risk of drinking driving and the level of drinking alcohol of the accused, the responsibility of the accused is not less complicated.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

Multi-level traffic accidents, etc. have not occurred.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.