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 December 18, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act, etc. at the Suwon District Court on December 18, 2009, and a fine of KRW 2 million with the same crime at the same court on February 18, 2019.

On September 29, 2019, at around 03:49, the Defendant driven a c-wing truck with the 0.098% alcohol concentration in the 2km section from the Gebandong-gu, Suwon-si to the front road of the same Gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and notification of the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 risk of re-offending is likely to occur to the defendant, since the same record of sentencing under Article 62-2 of the Criminal Act was not long even though the probation, order to attend a lecture, or order to attend a community service order had been twice the same record of sentencing.

The blood alcohol concentration and driving distance are also reasonable.

However, the fact that the defendant sacrifies the wrong, and the fact that the accident did not occur shall be considered as favorable circumstances.

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.