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 July 16, 2013, the Defendant received a summary order of a fine of one million won or more for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site, and on July 14, 2015, the Defendant received a summary order of a fine of two million won or more for the same crime in the same court.

On July 15, 2019, at around 22:10, the Defendant driven a Rash under the influence of alcohol with a blood alcohol concentration of 0.188% from the 6km section from Pyeongtaek-si to the front road of the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

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. Application of Acts and subordinate statutes to criminal records, inquiry 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 reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking alcohol of this case, and the reasons for sentencing under Article 62-2 of the Criminal Act, shall be determined as the sentence, taking into account the following factors: the background leading up to the Defendant’s drunk driving, the criminal records of the same kind of crime (two times before and after the same kind of fine), the age, character and conduct of