A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 7, 2012, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on August 7, 2012.

On October 29, 2019, at around 21:06, the Defendant driven an E rocketing car with a blood alcohol content of about 0.131% under the influence of alcohol from the front parking lot of B apartment C, B apartment C to the front road of the same city D at approximately 50 meters.

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. On-site photographs, reports on the state of drinking drivers, investigation reports (report on the circumstances of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the same as that of the previous sentence, the interval between the same military force and the present case, the blood alcohol concentration in this case, the degree of punishment for the recidivism of drinking alcohol due to the revision of the law, the defendant's reflects the fact that the driving distance is not long, and the defendant's age, environment, character and behavior, motive, means and consequence of the crime, and all of the sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.