A defendant shall be punished by imprisonment for a term of one year and two months.

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 July 28, 2014, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on July 28, 2014, and a fine of 1 million won due to the same crime in the same court on November 12, 2018 and the same criminal records are two times more.

Criminal facts

On December 11, 2019, at around 00:04, the Defendant driven BK 3 cars at approximately 10km from the Do near the mother station in Seongbuk-gu, Sungnam-gu, Sungnam-si to the 397 Western-ro 10km from the Do near the mother station in Sungnam-gu, Sungnam-gu to the road ahead of the west 397 Western-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-related 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. 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 Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he had the record of being punished for drinking alcohol driving.

In light of the fact that the drinking driving force is two times, the driving of drinking again within a relatively short period, the degree of driving is not less than less than less than less than less than less than less than less than less than one mileage, the fact that the crime is recognized, and the fact that there are no records of having been punished in excess of the fine, each of the favorable circumstances shall be taken into account.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.