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

On July 10, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on April 13, 201, the same court received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act.

On March 28, 2019, at around 19:40, the Defendant driven a Fland Kaban car with a blood alcohol content of about 0.146% from approximately 150 meters to the front road of the E-cafeteria located in Suwon-si D, Suwon-si, Suwon-si, at around 19:45 on the same day.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. Previous records of judgment: Inquiry records into criminal records, and application of Acts and subordinate statutes of report on criminal investigation (verification of criminal records of the same kind of suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service committed a second offense despite the fact that the defendant had been punished four times due to drunk driving, the fact that the blood alcohol concentration of the instant case was high, and the fact that there were several times of punishment due to the crime of this type, etc. are disadvantageous to the defendant. Meanwhile, the fact that the defendant is recognized as committing the crime, the fact that the defendant has no penal power since 2012, and the fact that the criminal record of drinking driving is both criminal records, shall be considered as favorable to the defendant, and all other sentencing factors shown in the records of the instant case shall be