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

On September 28, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Young-dong branch of the Young-gu District Court.

On September 23, 2019, at around 08, the Defendant driven a sports cargo vehicle C in the state of alcohol of 0.038% with a blood alcohol concentration of at least 35 km from the front of Suwon-si, Suwon-si B to the front of the 3980-Tol-Tol-do, as Ssung City, from the front of the 35km-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

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

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

1. Although probation, order to attend a lecture, or order to attend a community service order has a number of times the reason of sentencing under Article 62-2 of the Criminal Act, it is likely that the defendant is likely to repeat the crime, as he/she

However, the fact that the defendant's mistake was properly predicted, the blood alcohol concentration was relatively high, and the fact that the accident did not occur is considered as favorable circumstances.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.