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

[criminal power] The defendant is a person who has been sentenced to a suspended sentence of two years for six months by imprisonment at the Changwon District Court on June 19, 2008 due to a violation of the Road Traffic Act.

【Criminal Facts】

On October 21, 2019, at around 21:20, the Defendant driven an Eunststun vehicle from the front of the C cafeteria in Kimhae-si B to the front of the D Apartment Bus bus stops to approximately 200 meters, while under the influence of alcohol concentration of about 0.067%.

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

Summary of Evidence

1. Court statements and statements of the accused;

1. The circumstantial statement of a drinking driver, the report on the situation of a drinking driver, the report on the drinking driver, and the report on the results of the regulation of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. Considering the probation and community service, the criminal record of the accused, and the result of the sentencing of the court, it is recognized that the defendant is a person who has a habit of drinking alcohol and needs to receive outpatient treatment accordingly because of the high risk of recidivism.

Article 62-2 of the Criminal Act, the necessity of medical treatment orders and the reason for sentencing under Article 4-2 of the Medical Treatment and Custody, etc. Act, despite the history of punishment for drinking driving multiple times, their errors are not weak.

However, the defendant does not have an opportunity to receive professional counseling or medical treatment on damp drinking driving, and considering the fact that the previous previous criminal records have been prior to ten years, the execution of a sentence shall be suspended, but in order to prevent recidivism, the defendant shall be ordered to receive a medical treatment for proof of alcohol existence.