A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 2, 2017, the defendant is a person who has received a summary order of a fine of up to 4 million won from the Jung-gu District Court due to a violation of the Road Traffic Act.

On September 13, 2019, at least 02:23, the Defendant: (a) driven a motor vehicle under the influence of alcohol concentration of 0.169% on the front of the Defendant’s house located in the Iron-gun B, and violated the prohibition of drunk driving under Article 44(1) of the Road Traffic Act not less than twice by driving the motor vehicle on the front of the “new bus terminal” located in 154, the same route as the “new bus terminal” in the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Response to the request for appraisal;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. 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 Act is that the accused has been punished several times due to drinking or unlicensed driving even before the sentence is rendered.

Nevertheless, the crime of this case was committed while driving under the influence of 0.169% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.