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 December 2, 2015, the Defendant issued, at the Suwon District Court, a summary order of KRW 8 million for a crime of violation of the Road Traffic Act, etc., and at the same court on December 26, 2008, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) and on November 14, 2015, a summary order of KRW 2.5 million for the same crime, etc., respectively.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as above, on May 29, 2019, the Defendant once again driven an Efran vehicle while under the influence of alcohol of about 0.095% of blood alcohol concentration from about 500 meters from the right line B apartment path in Suwon-si to the D-ro in C, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, reply reports, and related case list Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who has had a record of driving under the influence of alcohol not less than twice, has driven under the influence of alcohol, and the nature of the crime is not minor;

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the 2008 period of drinking driving of the defendant has passed since the date of the crime of this case, and the defendant has received alcohol consultation at the Support Center for the Management of Egyscopic Addiction, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and result, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the records, such as