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 December 11, 2007, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On November 20, 2019, at around 22:45, the Defendant driven an E-5 vehicle while under the influence of alcohol content of about 0.113% at a section of about 300 meters from the street in front to the street in the same city as the Defendant was under the influence of alcohol content of about 300 meters.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, investigation reports, 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. Despite the fact that two times of a fine due to the reason of sentencing in Article 62-2 of the Criminal Act of the Social Service Order and Order to Attend a lecture (2003, 2007) has been imposed, the drinking driving was carried out at once, and the driving distance is high, and the driving distance is not short.

In addition, there are criminal records of unauthorized driving and escape vehicles.

The nature of the crime is not easy.

However, the punishment as set forth in the text shall be determined by comprehensively taking into account various factors of sentencing, such as the time interval between each drunk driver, age, character and conduct, environment, motive, means and consequence of the crime, family relationship, and circumstances after the crime, including the fact that the defendant is led to confession and in depth.