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 April 14, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On December 3, 2019, at around 00:25, the Defendant driven a C motorcycle at approximately 1.5 km from the front of the mutual influence point in the fluence district in the fluence of the fluence of 0.112% of blood alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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 the grounds of the order to provide community service and attend lectures is two times, but the Defendant was subject to criminal punishment due to drunk driving, and the blood alcohol concentration level at the time was considerably high. In light of the risk of the occurrence of the accident and the purport of the amendment of the amended law whose statutory penalty is raised, the nature of the crime is not easy.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that the defendant was driving on the otoba, etc., and taking into account the following factors, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, and circumstances after the crime.