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 15, 2009, the Defendant was issued a summary order of 2.5 million won by the Seoul Northern District Court for the crime of violation of the Road Traffic Act, and on December 10, 2010, the Defendant was issued a summary order of 1.5 million won for the same crime.

【Criminal Facts】

On April 2, 2019, at around 23:03, the Defendant driven a F detailed car while under the influence of alcohol content of about 0.113% at a section of approximately 100 meters from the C Public Parking Lot located in Osan-si B to the front of E in the same city D.

Therefore, even though the defendant was punished for a drunk driving twice or more, the defendant was making a second drunk driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous for judgment: Application of two Acts and subordinate statutes of two copies of the criminal history record, inquiry report, investigation report (Attachment of a summary order), and summary order;

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 (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 and the Order of Community Service committed a second offense despite the fact that the defendant had been punished three times for the same crime, and that the blood alcohol level of the instant case is not low, the defendant should be punished strictly. However, the above criminal records are both criminal records, and the criminal records are not subject to a fine, there is no particular penalty power, and there is no traffic accident, and the last drinking subject is the 2010 year, and the family's livelihood is responsible for the same crime, the sentence of the defendant's sentence is somewhat harsh.

The above circumstances include the above circumstances.