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 21, 2015, the defendant was sentenced to a fine of 6 million won by the Cheongju District Court for the violation of the Road Traffic Act (driving) and other same criminal records are added once.

Nevertheless, at around 06:23, October 17, 2019, the Defendant driven a C rocketing car with a blood alcohol concentration of about 0.032% in the section of about 8 km to the front road of the Cheongju-gu, Seowon-gu, Seowon-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (verification of the same kind of power);

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 reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in that the defendant commits a crime of drinking again even though he/she had a previous conviction twice.

However, the court decides to suspend the execution under the condition of the order to attend the course, taking into account all the circumstances, including the Defendant’s age, character and conduct, degree of alcohol alcohol level, driving distance, and the circumstances before and after the crime, and the sentencing conditions specified in the instant records and arguments, as well as the fact that the above order to attend the course does not constitute a second offense while reflecting the fact that the above order to stop a crime is both punished before and after 2015, and the Defendant has no specific penalty power, except for the second two-time penalties, and the Defendant has no other penalty power.