A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 19, 2014, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 19, 201, and four million won for the same crime at the same court on February 15, 2017, respectively.

【Criminal Facts】

On April 28, 2019, the Defendant was under the influence of alcohol of 0.161% of blood alcohol concentration at around 01:00, and was driving FranxG vehicles at approximately 300 meters away from the direction of “Esing practice room” to the direction of “Esing practice room.”

Summary of Evidence

1. Defendant's legal statement;

1. Records of the output of the drinking-free measuring instrument, and the circumstantial statement of the drinking driver;

1. Previous for judgment: Application of two copies of the criminal history records, investigation reports (Attachment of the previous record and summary order), and copies of the summary order to two 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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a lecture, even though he had been sentenced one time to a punishment due to drunk driving, has been sentenced twice a fine, the blood alcohol level of this case is considerably high, and the defendant has a history of being punished as a result of the crime of this kind other than the above drunk driving, it is necessary to strictly punish the defendant. On the other hand, considering the fact that the defendant recognized the crime, that the defendant did not cause a traffic accident due to drunk driving, that the criminal record of a drunk driving was committed in 201 and that there was no other criminal record, the sentence of the defendant is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the execution of imprisonment with prison labor for the accused shall be suspended, but the recidivism is conducted in light of the criminal records of the accused.