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 20, 2015, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 20, 2019, the Defendant, at around 00:40, driven a car in the Spact area B with a blood alcohol concentration of about 0.093% under the influence of alcohol at around 500 meters on the roads before the delivery box of the same transfer box, and carried out a violation of the Road Traffic Act (driving) at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Papers of measurement records of drinking alcohol;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the same type of judgment), and application of Acts and subordinate 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 under Article 62-2 of the Criminal Act requires severe punishment in that the Defendant was punished for drunk driving in 2015, and the penal provision for drunk driving was strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., even though he was able to easily understand such circumstances.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc