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 August 6, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving on a sound driving) in the Gyeyang District Court of Suwon on August 6, 2014.

【Criminal Facts】

On September 11, 2019, at around 03:35, the Defendant driven a B rocketing car with approximately 10km section from the road located in Songpa-gu Seoul, Songpa-gu, Seoul to the road at the point of 1.5km of the Mannam-gu, Sungnam-si, Manam-si, with a blood alcohol concentration of 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on investigation;

1. A traffic accident report, a traffic accident occurrence report, a circumstantial statement of a drinking driver, notification of the results of the drinking driving control, and a photograph of the accident site;

1. The ledger of driver's licenses for each motor vehicle and each red inquiry;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to refer criminal records, amounts of dispositions and results confirmation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

The Defendant again committed the crime of drinking-driving in this case even though he had the record of punishment for drinking-driving, as stated in the criminal records.

At the time of the instant crime, the Defendant’s blood alcohol concentration high, and the section of drinking is an expressway, and the Defendant also caused a traffic accident that shocks other vehicles.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

No criminal defendant shall have the power to criminal punishment heavier than the suspension of execution of imprisonment.

(b) other.