A defendant shall be punished by imprisonment for a term of one year and three months.

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 October 31, 2012, the Defendant issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on September 31, 201, and KRW 5 million as a fine in the same court on September 19, 2016.

【Criminal Facts】

On October 9, 2019, at around 09:07, the Defendant driven C Lastren car at approximately 3.5 km section from the border of Suwon-gu Mangam Park to the front road of the same Simna-gu, Suwon-si, Suwon-si, with a blood alcohol concentration of about 0.112% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing are relatively limited to two times, and the driving distance at the time and the blood alcohol concentration level were also reasonable. In light of the risk of accidents caused by the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not easy.

(A) The Defendant alleged that the Defendant was a night driver, but it is difficult to view the Defendant as a night driver in light of drinking time, drinking volume, blood alcohol concentration, etc.: Provided, That considering the fact that the Defendant led to confession and reflects, and that there is no previous conviction other than the previous one of the above fines, the Defendant’s age, attitude, environment, driving background and distance, blood alcohol concentration level, and circumstances after the crime, the punishment shall be determined as ordered by the order.