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] On August 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on August 28, 2008.

【Criminal Facts】

On December 11, 2019, at around 01:30, the Defendant driven a C-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

As a result, the defendant has been punished for drunk driving, but has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Records of judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (attached to the same type of criminal records and summary orders);

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 Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant was punished as a suspended sentence or more for the same crime.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

The defendant has already been sentenced to a fine due to drinking driving.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.