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 January 17, 2011, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court.

On September 16, 2019, at around 23:30 on September 23, 2019, the Defendant driven a DNA car while under the influence of alcohol concentration of about 0.101% from the 5km section to the front road in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and record of measurements;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Despite the fact that an order to attend a lecture or an order to attend a community service has twice the same records as the reasons for sentencing under Article 62-2 of the Criminal Act, the instant drinking operation was conducted again, and the blood alcohol concentration and driving distance are also reasonable.

However, it shall be considered in favor of the defendant's mistake properly, there is no penalty power exceeding fines, and the fact that the accident has not occurred shall be considered as favorable circumstances.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.