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, 2007, the Defendant received a summary order of KRW 2.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act ( sound driving), KRW 4 million from January 28, 2015, and KRW 8 million from the Suwon District Court to a fine for the same crime on November 9, 2016, respectively.

Criminal facts

Although the Defendant violated the prohibition of drinking driving regulations as above, on September 3, 2019, the Defendant again driven D Cor or a car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.090% from the Do in front of the Suwon-si, Suwon-si to the front road of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, alcohol measuring set, the state of driving, and the report, etc.;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

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 of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had been committed again in the instant crime even though the Defendant had been punished several times for the same crime, and the blood alcohol concentration at the time was also reasonable.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the records and arguments of the defendant, such as the fact that the defendant committed a mistake correctly, the driving distance is relatively short, the accident did not occur, the fact that the vehicle was disposed of after the instant case, and the age, character, career, environment, circumstances and result of the crime, etc. of the defendant, and the circumstances after the crime.