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.

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On January 26, 2018, the Defendant received a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act from the Sungnam Branch of Suwon District Court on January 26, 2018, and a fine of KRW 4 million for the same crime at the Seoul Southern District Court on March 8, 2018.

Nevertheless, around 00:23 September 8, 2019, the Defendant, while under the influence of alcohol of 0.178% of blood alcohol level, violated the Ebenz E300 meters away from the 700-meter section to D in front of the Hanam-si, Hanam-si, thereby violating the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (the confirmation of criminal records of the same kind of crime, and 36 pages of investigation records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing by the Defendant for the provision of community service and order to attend a lecture had been subject to a fine twice in 2018 due to drinking driving, but around May of 2017, the Defendant driven a vehicle under the influence of re-driving with the period of suspension of the execution of the crime of violating the Electronic Financial Transactions Act, which was sentenced and sentenced to a three-year suspension of execution, in August of 2017.

The main circumstance is that the defendant shows an attitude to recognize and reflect the mistake, the crime of violating the Electronic Financial Transactions Act completely differs from the crime of this case, the defendant has no record of punishment for the same kind of crime other than the above one, and the age, character and character, environment, motive, means and result of the crime, etc. of this case.