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 June 11, 2014, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on September 8, 2015, a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act was issued on September 8, 2015.

On April 14, 2019, at around 21:40, the Defendant driven an EX car in the state of alcohol alcohol concentration of about 0.09% from the 4km section to the same D neighboring road located in Suwon-si B, Suwon-si, Suwon-si.

As a result, even though the Defendant violated the Road Traffic Act's prohibition on drunk driving more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the above prohibition on drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement report and investigation report of the driver (the circumstantial report of the driver concerned);

1. Records of judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who has had a record of driving under the influence of alcohol not less than twice, has driven under the influence of alcohol, and the nature of the crime is not minor;

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant's completion of the registration of cancellation as to the vehicle of this case, the defendant has no record of punishment more than a suspended sentence, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the record, such as the