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 August 3, 2009, the defendant was issued a summary order of KRW 5 million by the Chuncheon District Court due to the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), and on June 9, 2010, the same court issued a summary order of KRW 2 million by the same court due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver).

【Criminal Facts】

On August 3, 2018, at around 19:40 on August 3, 2018, the Defendant driven a car in the state of drunk alcohol concentration of approximately 0.284% from the 2km section to the C points located in Switzerland-si, Gecheon-si.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the circumstantial statement of a drinking driver, survey report on actual condition, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and investigation reports (verification of drinking records at least twice);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is as follows: (a) the Defendant, other than the criminal records (in 2009, each drinking and traffic-related crime in 2010) as stated in its reasoning, has been punished several times for traffic-related crimes since 1990; (b) the Defendant’s blood alcohol level was high at the time of driving in 2009; (c) the Defendant’s blood alcohol level was very high at 0.284% at the time of the instant crime; and (d) the Defendant committed a traffic accident at the time of the instant crime, which is disadvantageous to the Defendant.

However, the defendant seems to have recognized and reflected the crime of this case.