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 20, 2015, the Defendant issued a summary order of two million won for a crime of violating the Road Traffic Act at the Suwon District Court on April 20, 2015, and on March 12, 2013, the Defendant had a record of being issued a summary order of three million won for a crime of violating the Road Traffic Act at the Jung District Court on March 12, 2013.

On April 11, 2019, at around 22:47, the Defendant driven a F rash car from approximately 2 km section from the front side of the C in Osan City to the front road located in Osan City D, Osan City, in a state of 0.141% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service committed a second offense despite the fact that the defendant had been punished twice for the same kind of crime, and that the blood alcohol level of this case is high, the defendant should be punished strictly. However, considering the fact that the defendant is recognized to commit the crime, the above criminal records are both the criminal records of fines, and there is no other penalty power, the sentence of the defendant's imprisonment is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the execution of imprisonment for the defendant shall be suspended, but the court decides as ordered by adding an order to attend a lecture and an order to provide community service to the defendant with an opportunity to reflect against the defendant.