A defendant shall be punished by imprisonment for not more than ten months.

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 17, 2013, the Defendant was issued a summary order of a fine of three million won for a crime of violation of the Road Traffic Act (driving) at the Gyeyang District Court, and a fine of three million won for the same crime at the Suwon District Court on February 27, 2015, respectively.

【Criminal Facts】

Around 02:57 on March 21, 2019, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving, driven a Cchip car with about 1 km section from the front of the Suwon-gu, Suwon-gu, Seoul-si to the front of the road in front of the long-term distance, in the state of alcohol alcohol concentration of 0.123%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. A report on the actual state of the driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same type of force), and application of two copies of the summary order under Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and Article 62-2 of the Social Service Order committed a second-time crime despite the fact that the defendant had been punished for drunk driving, and that the degree of blood alcohol level of this case is not low, the defendant should be punished strictly. However, considering the fact that the defendant is recognized to commit the crime, the above criminal records are both the criminal records of the fine, and the criminal records are all the criminal records of the above criminal records, there is no penalty power, and there is no traffic accident, the sentence of the defendant is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of the instant case, including the above circumstances, the execution of imprisonment for the accused shall be suspended, but the opportunity to prevent and reflect the recidivism shall be given.