A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On September 4, 2018, the Defendant was sentenced to a suspended sentence of two years on October 12, 201, and the judgment was finalized on the 12th of the same month.

【Criminal Facts】

At around 03:30 on September 11, 2019, the Defendant, while under the influence of alcohol of 0.078 percent of blood alcohol concentration, driven an Eystren-car car at approximately eight kilometers from the 8-meter section before Pyeongtaek-si D on the front of Pyeongtaek-si B C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, previous records and results of confirmation of the previous records of disposition, case inquiry, application of a copy of judgment, and application of Acts and subordinate statutes;

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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as stated in the judgment of the court below, but the defendant had a record of being punished for a suspended sentence due to drunk driving, but he re-driving during the suspended sentence.

The suspended execution case is a case in which the defendant commits a violation of the Road Traffic Act (refluence of measurement) and re-divating or driving without a license after the defendant was prosecuted for the case, and the defendant is virtually driving under the influence of alcohol.

Although the blood alcohol level of the instant case is not high, in light of the specific regulatory background, the Defendant is deemed to have been under the influence of alcohol, and there are no other circumstances to consider differently from the circumstances leading to the driving of the instant case.

In light of the above circumstances, even if the defendant and his defense counsel's favorable circumstances are considered to the maximum extent possible, it is judged that it is necessary to isolate the defendant from society for a certain period of time to stop drinking and have the time of serious reflectiveness. The sentence of the defendant's sentence is imposed.