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 April 2, 2013, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On August 22, 2019, at around 23:40, the Defendant driven a DSS6 car while under the influence of alcohol leveling of about 0.118% from around 600 meters to Pyeongtaek-si roads.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Report on the circumstantial statement of the driver (35 pages of investigation records) and investigation report (36 pages of investigation records);

1. Notification of the result of crackdown on drunk driving (37 pages of investigation records);

1. CCTV images;

1. Previous records: Criminal records and other inquiries, and the application of criminal records of the suspect A, the same criminal records, and the statutes governing accompanying materials;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

A disadvantageous condition: A favorable condition that is advantageous to the fact that a person has already been punished for a drunk driving but has re-driving, the circumstances leading to the detection, and the degree of the degree of danger of driving in light of the blood alcohol concentration at the time: The fact that the person recognizes and reflects the crime, and that there is no other criminal records except before the judgment.