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 November 12, 2009, the Defendant received a summary order of 2,500,000 won of a fine in the branch court of the Changwon District Court.

On September 24, 2019, at around 05:44, the Defendant driven Done Star Co., Ltd in the state of alcohol alcohol concentration of about 0.118% from the street in front of the “C Burial” adjacent to the Suwon B apartment in Suwon-si to the Dongwon-si, Suwon-si, Suwon-si et al.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report, notification of the results of the control of drinking driving, and records of the measurement of drinking alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to dispositions, report on results of confirmation, and copy of summary order);

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 of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, despite the fact that the defendant had been punished twice for the same crime, again committed the crime of this case, and the blood alcohol concentration at the time was also reasonable.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant committed a mistake correctly, the fact that there was no record of punishment for the same kind of crime for the last ten years, the occurrence of accidents, and the age, character, career, environment, circumstances and results of the crime, and the circumstances after the crime.