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 January 3, 2019, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court Branch on January 3, 2019, and on June 22, 2015, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been able to violate Article 44(1) or (2) of the Road Traffic Act, the Defendant again driven an EK7 vehicle under the influence of alcohol with a blood alcohol content of about 0.050% at the 1km section from the parking lot located in Ansan-si B around 21:02 to the front road of the D apartment at the same time, in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the drinking driving control, and notification of the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of the same kind of criminal records as a suspect), one copy of summary order issued at 2015 high-pressure powders support 831, and one copy of summary order issued at 2018 high-pressure powders support 2018 high-pressure powders support 268 shall be applied;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

The defendant, like the records in the judgment, is punished twice or more due to drinking driving, but he is not subject to criminal liability again.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The blood alcohol concentration is very low.