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 May 9, 2018, the Defendant was sentenced to a fine of KRW 2.5 million by the Suwon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 16, 2019, the Defendant driven the EM5 car owned by the Defendant from the front side of the road located in the Gesung City B to the front side of the Gesung City D, while under the influence of alcohol with a maximum of 0.240% of alcohol level, even though the Defendant had a alcohol driving force as above, at approximately 170 meters from August 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of the same type of judgment);

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 Criminal Act on the grounds of sentencing is that the Defendant, including the previous and three times of drinking driving under the judgment of the court, was driving under the influence of alcohol at the same time, and the blood alcohol concentration level was very high. Considering the purport of the revision of the Act increased by statutory penalty, the nature of the crime is not less complicated.

However, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the records and arguments, such as the fact that the defendant is led to confession and reflect, the fact that the two times of the above previous departments are prior to 2003, the fact that there is no criminal record yet exceeding the fine, the defendant's age, attitude, environment, driving circumstances, distance and circumstances after the crime, etc.