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 September 13, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on September 13, 2012, and was issued a summary order of KRW 2 million for the same crime in the same court on August 20, 2014.

【Criminal Facts】

At around 00:40 on August 31, 2019, the Defendant driven a vehicle B with approximately 5 kilometers from the influence area of Sungnam-si, Sungnam-si to the 344-Seoul Highway of the same Gu, in a state of drunk alcohol content of 0.134%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the result of regulating drinking;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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 Social Service Order Criminal Act, even though the defendant had been sentenced to a fine due to drunk driving twice, re-driving a motor vehicle, considering the blood alcohol concentration, driving distance, driving location, and driving circumstances of this case. However, the defendant shows an attitude to reflect the defendant's mistake, and the defendant has no criminal records other than the previous fines in the judgment, and the defendant's age, character and behavior, career, environment, circumstances and results of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account all the sentencing conditions in the instant case, including the following factors.