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 November 28, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on September 3, 2010.

On November 18, 2019, at around 21:30, the Defendant driven a DNA motor vehicle at a section of about 1 km from flusium B to C from flusium B below in a state of alcohol alcohol concentration of 0.061%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 community service order and the defendant had been punished twice for the same crime, but again committed the crime of this case.

However, the sentence shall be determined as ordered by taking into account all the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant committed a mistake correctly, the fact that there is no previous conviction exceeding a fine, the blood alcohol content is relatively high, the occurrence of an accident, the age, character, career, environment, the circumstances and result of the crime, etc., and the circumstances after the crime.