A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 19, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on November 4, 2016, the Defendant was sentenced to a suspended sentence of KRW 4 million for the same crime, and on November 12, 2016, the judgment became final and conclusive on November 12, 2016.

On July 22, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving, once again driven a Dpoter in the section of about 1 km from the Do near the Suwon-si Complex B, Suwon-si, to the road in front of the Suwon-si, at around 23:25 on the same day, while under the influence of alcohol at 0.160% of alcohol level, around July 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an employee) and written request for appraisal;

1. Previous records of judgment: Criminal records, investigation reports (verification of records of drinking driving not less than twice) and application of two Acts and subordinate statutes governing judgment;

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. The Defendant committed the instant crime, even though he/she had been under the same history of punishment once a fine of 2014 and one suspended sentence of 2016, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, again committed the instant crime.

It is inevitable to sentence sentence because it is a crime during the period of suspended sentence, and the sentence of fine alone is not enough to edification or improve.

However, it shall be mitigated in consideration of the fact that the defendant reflects the wrong, the distance of driving does not change, and the personal and physical accidents have not occurred, and the suspension of execution is revoked after the judgment becomes final and conclusive.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.