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 December 13, 2006, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on December 13, 2006, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on April 25, 2018, respectively.

At around 23:20 on May 10, 2019, the Defendant driven a e-learning car from around 2 km to the front road of the Da apartment at the Gyeonggi si in the Gyeonggi si, while under the influence of alcohol of 0.157%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 a lecture and the Order of Community Service committed a second offense despite the fact that the defendant had been punished twice for the same kind of crime, and that the blood alcohol level of this case is high, the defendant should be punished strictly. However, considering the fact that the defendant is recognized to commit the crime, the above criminal records are both the criminal records of fines, and there is no other penalty power, the sentence of the defendant's imprisonment is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the execution of imprisonment for the accused shall be suspended, but the attending order and the community service order shall be added to give the accused an opportunity to reflect.