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 October 10, 2016, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court.

On July 13, 2019, the Defendant, as a person who violated the prohibition of drunk driving regulations, driven B K5 cars under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.144% in a section of about 400 meters from the street adjacent to the Nowon Park that is in the old city of return of fluent City to green bridge in the same Dong.

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 indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached 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 under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant is divided into the crime of this case, and reflects the driving distance, and there was no personal or physical accident.

However, in 2016, the defendant was punished by a fine once as stated in the judgment of the court, which caused a drinking traffic accident, and around 2013, he was punished by a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The defendant also has a record of the suspension of execution due to the crime of immigration.

The blood alcohol concentration at the time of the instant case is reasonable.

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.