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 June 5, 2012, the Defendant was sentenced to a suspended sentence of two years in August and six months in the same court on February 7, 2013, for the same crime as a violation of the Road Traffic Act, in a site of Suwon District Court.

On April 6, 2019, at around 00:38, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.131% at the section of approximately 1.5 km from the Don-dong of Pyeongtaek-si to the front road of the same Don C-si funeral.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of criminal records of the same kind of power as a suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing factors as stated above, the age, character and conduct, environment, motive of crime, etc. of the drinking water of this case and the Defendant’s age, character and conduct, etc., as stated in the records of this case shall be determined as ordered by taking into account the various sentencing conditions under

The factors of sentencing favorable to the defendant: The factors of sentencing which are disadvantageous to the defendant to recognize his mistake: the fact that there are multiple criminal records including the defendant's punishment