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.

Criminal facts

On November 24, 2009, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on the charges of violation of the Road Traffic Act, and on January 28, 2015, a summary order of KRW 4 million to a fine of KRW 4 million from the leisure branch of the Suwon District Court on the same crime at least twice.

On February 24, 2019, at around 20:03, the Defendant driven a vehicle EW 528i, while under the influence of alcohol 0.09% in a section of approximately 250 meters from the 250m alcohol level to the front road of D in C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Notification of the control results of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Inquiry into the enemy;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal history records, reference reports (A), investigation reports (verification of attachment of previous records and copies of summary orders);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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 the criminal who may cause a serious danger to the life and body of the driver as well as the driver himself/herself, and the blood alcohol concentration of the defendant at the time is not low.

In 209 and 2015, the Defendant was punished by a fine for driving under the influence of alcohol in 2009, but again he was driving under the influence of alcohol, and the occurrence of a traffic accident in the process.

However, the defendant shows an attitude to recognize and reflect the driving of drinking alcohol.

In addition, the defendant has no record of punishment for imprisonment.

The punishment shall be determined as ordered in consideration of various sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime.