A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 29, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act, and on December 21, 201, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for the same crime in the Gyeyang Branch of the Suwon District Court.

On December 13, 2019, at around 21:23, the Defendant driven a DNA car in the state of alcohol with approximately 10km alcohol concentration of about 0.058% from the 10km section to the roads in front of C in the Gu during the same period.

Accordingly, the defendant violated 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 report on the control of drinking driving;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., even though the Defendant had been under the suspension of the execution one time due to drinking driving, and had the record of being subject to punishment of fines on several occasions, other than that, the Defendant was under the influence of committing a crime. However, the Defendant is against the recognition of the crime, and the Defendant has no record of being subject to any particular criminal punishment since 2013, and the Defendant has no record of being subject to any specific criminal punishment after 2013, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, including the blood alcohol concentration and distance, driving distance, and all of the sentencing conditions specified in the instant pleadings, including the circumstances