A defendant shall be punished by imprisonment for not less than eight months.

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 March 27, 2009, the Defendant was issued a summary order of 500,000 won by a fine for a violation of the Road Traffic Act at the Suwon District Court, and on May 31, 2017, the Defendant was issued a summary order of 2 million won by the same court as a fine for the same crime.

On February 25, 2019, at around 23:33, the Defendant driven a D-crare car under the influence of alcohol concentration of about 0.068% from the 100-meter section from the front of the B apartment road to the C-House.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (verification of records at least twice a sound driving) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the defendant who has been under the influence of driving under drinking not less than twice, and the nature of the crime is not less than that of driving under the influence of alcohol, and the defendant has already been punished not less than three times due to drinking driving.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not very high, but it appears that the defendant was driving of this case in the course of returning home after arriving in the vicinity of his residence by using his substitute driving, and that there are some other circumstances that can be taken into account, and there are no records that the defendant still has been punished more than a suspended sentence, and the sentencing conditions indicated in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc.