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 July 7, 2008, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

On September 23, 2019, at around 20:46, the Defendant driven an E Car under the influence of alcohol 0.101% of blood alcohol concentration from the 10km section from the front of the road in the Kasung City B to the front of the D in terms of harmony.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports 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 criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. Although an order to attend a lecture or an order to attend a community service order could have the same record of sentencing under Article 62-2 of the Criminal Act, the instant drinking operation was conducted again, and the blood alcohol concentration and driving distance are also reasonable.

However, it shall be considered in favor of the fact that the defendant's mistake was brought up properly, that there was no record of punishment for drinking driving for the last ten years or more, that there was no accident, and that the cancellation of the license in this case would cause a trouble to livelihood.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.