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 January 9, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on July 12, 2010, a fine of three million won for the same crime in the same court on July 12, 2010, and a suspended sentence of one year for six months at the Seoul Central District Court on November 29, 2013.

【Criminal Facts】

On January 26, 2019, at around 06:55, the Defendant driven a Franx XG car while under the influence of alcohol concentration of approximately 0.088% at a section of about 100 meters in front of the E parking lot located in the same Gu and located in the same Gu.

As a result, the defendant, even though he violated the prohibition of drunk driving more than twice, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The Defendant committed the instant crime, despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act, including probation, community service, or order to attend a lecture, had the record of serving three times punishment for drinking driving, is disadvantageous to the Defendant

However, in order to suspend the execution of imprisonment for a limited period of time by taking into account all the circumstances such as the defendant's age, character and behavior, environment, and circumstances before and after the crime, the execution of imprisonment shall be suspended only once, taking into account the following: the defendant's mistake is divided, the odometer is short, the mileage is not very high, the blood alcohol concentration is not high, the last drinking run has a considerable period from the previous conviction, and the considerable period of time has elapsed