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 August 29, 2008, the Defendant received a fine of KRW 2 million from the Suwon District Court as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on March 21, 2012, a fine of KRW 1.5 million from the Suwon District Court as the same crime, and a fine of KRW 7 million from the same court as the same crime on November 27, 2014.

【Criminal Facts】

On February 14, 2020, around 06:00, the Defendant driven a DSS6 vehicle under the influence of alcohol leveling 0.104% from the 4km section of approximately 4km to the front road of the viewing distance of 214 as the citizen of the Gu in Ansan-si, Ansan-si, the Defendant was under the influence of alcohol leveling to 0.104% of alcohol level.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Although the defendant, who was sentenced to a sentence, once again drives under the influence of a fine three times due to a drunk driving, he/she had no previous conviction in excess of a fine, and all of the sentencing conditions indicated in the records, shall be determined as ordered by taking into account the following factors.