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 July 4, 2016, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Goyang-gu District Court Goyang-gu District Court on July 4, 2016, and was driving C Costaex Cornex under the influence of alcohol concentration of approximately 0.092% from the 1km section to the front of the restaurant on which it is impossible to find out the trade name near the long distance, around August 25, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the investigation report (the confirmation report on the same kind of power) shall be made on the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the report on blood alcohol appraisal, criminal records, etc.;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant committed the instant crime even though he/she had a history of criminal punishment twice due to the violation of the Road Traffic Act; and (b) the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself; and (c) there is a need for punishment corresponding thereto.

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.