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 October 16, 2009, the defendant was issued a summary order of 2.5 million won by the Suwon District Court for the violation of the Road Traffic Act.

On October 23:18, 2019, the Defendant driven D Car with D Carp from around 0.243% of alcohol level to around 11km in the city of the same city from around the restaurant near the Jeju-si Association, to the lower west of the city of the same city from around 0.243% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, investigation report, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, and investigation report;

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

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is disadvantageous to the following: (a) the driving of the crime in drinking condition; (b) the criminal records of the defendant are two times the same criminal records; (c) the degree of driving is very high; and (d) the driving distance is relatively long.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.