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 April 24, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Suwon District Court on May 11, 2009, KRW 2.5 million for the same crime at the Seoul Central District Court on May 11, 2009, and KRW 8 million for the same crime at the Suwon District Court on August 14, 2013.

【Criminal Facts】

On July 1, 2019, at around 20:30, the Defendant driven a car under the influence of alcohol concentration of 0.197% from the second floor of the 2nd floor of the 2nd floor of the U.S., Seocheon-gu, Seocheon-gu, Seoul to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the actual condition of drinking driving control, a report on the results of drinking driving control, and a report on the state of drinking drivers;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of statutes of three copies of a summary order;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the crime of this case is not good, and the defendant committed the crime of this case in addition, even though he/she had been punished three times due to the violation of the Road Traffic Act.

However, the fact that the defendant recognized the crime of this case, there is no record of punishment for drinking driving within the last five years, there is no record of criminal punishment exceeding the fine, and the driving distance of the defendant was over 70 meters, etc. shall be considered as favorable circumstances for the defendant, and all other records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., are shown in the records and arguments of this case