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 March 15, 2007, the Defendant is a person who was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court's Suwon District Court's Branch on June 10, 2009, a fine of three million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch's Branch of the Daejeon District Court's Incheon Branch on August 27, 2012, a fine of four million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court's Branch of the Daejeon District Court's Incheon Branch on August 27, 2012, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court's Branch on December 21, 2018.

【Criminal Facts】

On July 27, 2019, at around 10:09, the Defendant driven a Dice A car with approximately 500 meters alcohol level 0.115% while under the influence of alcohol level 0.15% from the front of Pyeongtaek-si B to the front of C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a summary order attached to a suspect's records of driving under influence of alcohol);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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 is that the Defendant committed the instant crime even though he/she had the record of punishment for the same kind of crime.

However, a punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s wrongness and failure to repeat the crime; (b) selling the instant vehicle; (c) selling depression and alcohol respect; (d) the intent to actively treat the instant vehicle; (c) the blood alcohol concentration; (d) the distance of the Defendant’s driving; and (e) the age, character and conduct, environment of the Defendant; and other circumstances leading to the Defendant’s crime; and (e)