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 May 18, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act, and a fine of KRW 3.5 million by the same court on April 4, 2008.

On August 24, 2019, at around 00:04, the Defendant driven an E rocketing car at approximately KRW 600 meters from the vicinity of the Suwon-si Construction to the frontway located in the Suwon-si Power Line C, Suwon-si, in a state of alcohol alcohol concentration of 0.179%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 twice due to drunk driving, and the blood alcohol concentration of this case is very high.

However, in light of the fact that the above punishment for the drunk driving is the previous conviction of the fine, there is no particular criminal conviction, that it is the last conviction of the year 2008, and that there is no traffic accident, it is judged that the sentence of the defendant's punishment is harsh.

In full view of all the sentencing conditions shown in the records of the instant case including the above circumstances, it is so decided as per Disposition.