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 June 9, 2008, the Defendant was sentenced to a fine of 2.5 million won by the Changwon District Court for the crime of violation of the Road Traffic Act (driving). On March 7, 2018, the Defendant was sentenced to a fine of 1.5 million won by a fine for the crime of violation of the Road Traffic Act (driving) in the Changwon District Court's Msan Branch.

On February 11, 2019, around 21:03, the Defendant driven a F B-type car under the influence of alcohol content of about 0.128% at a section of about 1km from the front line of the E-art stop point located in C-style, Changwon-si, Seoul, to the front line of the E-art stop point located in D.

As a result, the Defendant had been punished for drinking driving more than twice, but has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigation report (No. 8 No. 5 of the evidence list);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of criminal records of the same kind of suspect)-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was driving at once again after driving at once, and the blood alcohol concentration level is high, and the crime is heavier.

In particular, the circumstances after the crime are not good, such as the defendant's attempt to resist the police officer's aggressive self-driving at the time of drinking control or to drive his/her own vehicle again at home.

In addition, all the sentencing conditions shown in the records and pleadings, such as the age, character and conduct, environment, motive, means and result of the crime, etc. of the defendant, shall be determined as ordered.