A defendant shall be punished by imprisonment for not less than eight months.

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 January 25, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on January 25, 2016, and was issued a summary order of KRW 2 million for the same crime in the same court on June 26, 2017.

【Criminal Facts】

On February 14, 2019, at around 00:29, the Defendant driven a car in about 8 km from the Do in front of the Suwon-si Suwon-si Suwon-si Suwon-si to the roads in front of the Sungnam-si, Sungnam-si, the Defendant was under the influence of alcohol by 0.104%.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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.

As the statutory penalty for the crime of violation of the Road Traffic Act is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

In 2016 and 2017, the Defendant again committed the instant crime of drinking alcohol driving even though he/she was punished by a fine for driving under influence of alcohol.

At the time of crime, blood alcohol concentration is relatively high.

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

The traffic accident was not caused.

(1).