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 28, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on December 28, 2009.

On September 30, 2019, at around 21:03, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 3.56 km from the C convenience store located in P in P in P in the same city to the E ahead of the road located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to a summary order of criminal history records, etc., and drinking driving records related to suspects;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant committed the instant crime even though he/she had a history of criminal punishment on three occasions due to the violation of the Road Traffic Act; and (b) the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself; and (c) there is a need for punishment corresponding

However, the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment since 2010, etc. shall be considered as a favorable condition to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.