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 September 17, 2010, the Defendant issued a summary order of a fine of KRW 3 million to a violation of the Road Traffic Act at the Suwon District Court on September 17, 2010, and on August 19, 2016, the Defendant was sentenced to a suspended sentence of two years in prison for a violation of the Road Traffic Act ( sound driving) and the same power is five times in total.

Criminal facts

On March 24, 2019, at around 04:20, the Defendant driven an E 9 vehicle while under the influence of alcohol with approximately 0.166% alcohol concentration at the section of about 3km from the roads adjacent to the B market in Mapo-si, Mapo-si to the roads adjacent to the Dental Medical Hospital located in the same city C.

Accordingly, the defendant was driving a motor vehicle with the influence of drinking driving more than twice again with a person who is under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, the protocol on the control of drinking driving, and the ledger on the use of a drinking measuring instrument;

1. Previous convictions: Criminal records, investigation reports (verification, etc. of the same kind of records), judgment, and application of Acts and subordinate statutes concerning summary order;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was issued a summary order of KRW 700,000 as a drunk driving, KRW 200,000 as a fine for a drunk driving, KRW 200,000 as a fine for a non-licensed driving, KRW 1.5 million as a fine for a drunk driving in 2010, and KRW 3 million as a fine for a drunk driving in 2010, and that the Defendant was sentenced to a suspended sentence of imprisonment for a drunk driving in 2016

Probation is put on probation in consideration of the favorable circumstances, such as the fact that the defendant committed another crime again after the expiration of the period of probation, the fact that the defendant was reported by diving and was exposed to the police during the red signal, the fact that drinking water is considerably high to 0.16%, the fact that the drinking water is a simple drinking driver, and the defendant's refusal to repeat the crime.