A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On March 9, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on September 25, 2013. On March 28, 2017, the Defendant was sentenced to a fine of KRW 8 million by the same court as the same crime.

【Criminal Facts】

On November 24, 2019, at around 09:40, the Defendant driven a DNA strawing car with a blood alcohol concentration of about 0.179% under the influence of alcohol at approximately 5 km section from Young-gu B through Young-si, Young-si, Young-si, Young-si to C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the state of drinking drivers, investigation reports, and notification of the results of the drinking control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

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 Code of the Order to Provide community service and attend lectures has been three times the records of criminal punishment due to drunk driving, and the defendant has committed the crime of drinking driving in this case. Since the same kind of crime is repeated, it seems that the law compliance spirit or safety awareness about traffic offense is insufficient, and since the state was only taken to the extent that it could not be specific memory at the time of the case, it is not good that the crime may cause harm to human life and property, and thus, the defendant selects imprisonment.

However, in consideration of the fact that the defendant confessions and reflects, there is no previous conviction in excess of the fine, the fact that there is a relatively minor physical damage, etc., the execution of the punishment will be suspended, and there are many other records and arguments such as the defendant's age, attitude, environment, driving background and distance, and the blood alcohol concentration concentration.