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

The Defendant, at the Suwon District Court on July 4, 2016, issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and on December 11, 2014, the Defendant had the record of having received a summary order of KRW 1,500,000 from the same court as a crime of violation of the Road Traffic Act.

On March 1, 2019, at around 23:56, the Defendant driven a d horse with D’s car from the street in the vicinity of the Suwon-si, Suwon-si B market to the front road of the Dong-gu in the same time, while under the influence of alcohol content of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the following: (a) the Defendant had the record of having already been punished three times due to drunk driving; (b) the Defendant was under the influence of driving while his license was revoked due to the last drunk driving; (c) the blood alcohol concentration of the instant case was not low; and (d) the Defendant was under the influence of speech and behavior immediately after drinking control. In light of the above, the Defendant should be subject to strict punishment.

However, in full view of all the circumstances shown in the circumstances favorable to the defendant and the records of this case, such as the fact that the defendant is recognized to commit the crime, that the above previous conviction is both previous convictions of fines, that does not cause traffic accidents due to the driving of this case, and that the defendant supports his family, the execution of the sentence shall be suspended only once. It is so decided as per Disposition.