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 19, 2013, the Defendant issued a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on August 19, 2013, and on September 18, 2015, the Defendant issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On November 2, 2019, around 01:10 on November 2, 2019, the Defendant driven approximately 10 meters of alcohol while under the influence of 0.10% of alcohol level on the front of the Sungnam-gu Integrated Athletic Complex, Sungnam-gu, Sungnam-gu, Sungnam-gu, and carried out drinking driving in violation of the prohibition of drinking driving regulations two times or more.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the control of drinking under the influence of alcohol;

1. License register, chassis, and mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same records as the accused);

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 instant crime of drunk driving even though he had the record of punishment twice due to drunk driving, as stated in the records of the criminal records.

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

It seems that the crime of this case did not cause a traffic accident.

Except for the criminal records, the defendant has no record of criminal punishment.

In addition, the motive, means and result of the crime, and the defendant.