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 28, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) in the branch court of Suwon District Court.

【Criminal Facts】

On November 26, 2019, around 23:28, the Defendant driven an E rocketing car in the state of alcohol alcohol concentration of approximately 0.062% from the section of about 2 km from the front of the land parking lot of Heung-gu B apartment in Gyeonggi-gu to the front road in the same Gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry into the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of past records of the same criminal records), and application of Acts and subordinate statutes of one 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, re-offending the order to attend a lecture or community service order even before drinking.

In addition to drinking, the defendant has been subject to criminal punishment or juvenile protective disposition on several occasions due to a crime of different kind of crime.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime and is against the law, the sentence of the defendant's sentence is harsh, in light of the fact that the defendant was sentenced to a fine once, the punishment exceeding the fine is not imposed due to the crime of this type, traffic accidents did not occur, and the degree of blood alcohol is not high.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.