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 December 15, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court on December 15, 2006, and a fine of three million won for the same crime at the same court on November 13, 2009.

【Criminal Facts】

On August 9, 2019, the Defendant, while under the influence of alcohol at 0.102% of blood alcohol concentration, driven from a restaurant near C University in Gyeonggi-si B to a 500-meter distance from D to the 500-meter distance on the front of D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Before ruling: The application of inquiry records into criminal records and other Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Social Service include the fact that the defendant was punished for driving under the influence of alcohol twice, and the fact that the blood alcohol level of this case is not low, etc., under the circumstances unfavorable to the defendant, on the other hand, the defendant is recognized and reflected in the crime, and the above drinking is both criminal records, and there is no particular criminal record other than the above drinking, and the fact that the last criminal record of the year 2009 is the previous criminal record, and the traffic accident has not occurred, shall be considered as favorable to the defendant, and the decision is made as per Disposition by taking into account all other sentencing