A defendant shall be punished by imprisonment for a term of one year and two 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 January 25, 2008, the defendant was sentenced to a summary order of one million won for the crime of violating the Road Traffic Act at the Suwon District Court on December 12, 2008, a fine of one million won for the same crime in the same court on December 12, 2008, and was sentenced to a summary order of one million won for the same crime in the same court on March 12, 2009.

【Criminal Facts】

On September 2, 2019, the Defendant again driven a motor bicycle under the influence of alcohol of about 0.082% in blood alcohol concentration from around 30 meters to around D of Suwon-si, the C administrative welfare center located in the C administrative welfare center located in Suwon-si D, Suwon-si, Suwon-si, to around 30 meters.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. A performance-based driver report and a record of measurement;

1. Investigation report (the call verifying the place in which drinking alcohol commences);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has a career of having been punished five times or more by drinking driving, and since June 25, 2019, the penal provision for drinking driving has been strengthened, and the defendant also has been able to easily understand the above circumstances through the media, and there is a need for severe punishment in that he/she has been engaged in drinking driving of this case.

However, the defendant recognized the crime of this case and divided his mistake, and there is no record that the defendant has been punished more than a suspended sentence due to the same kind of crime, and the age, character, character, environment and crime of the defendant.