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 October 12, 2006, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and on November 13, 2007, a fine of KRW 3 million for the same crime at the same court on November 13, 2007, and on March 3, 2010, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the Jungcheon District Court.

On August 2, 2019, at around 0:00, the Defendant driven a car with C in a section of about 100 meters from the first floor of the underground parking lot B in Young-gu, Suwon-si to the third floor of the underground parking lot under the influence of alcohol by 0.267%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written reply to a request for appraisal and a blood alcohol appraisal report;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a report on confirmation of the same criminal records);

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, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, had been punished once a suspended sentence due to drunk driving, and re-driving a motor vehicle.

The blood alcohol concentration of the instant case is very high.

In 2016, there is a history of punishment for suspended execution due to obstruction of performance of official duties.

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 truth, the place of drinking driving is the underground parking lot of the apartment in which the defendant resides, the traffic accident does not occur, the criminal record of the suspension of the execution due to drinking driving is in 2010, and the detention of the defendant is likely to have a significant impact on the living of his family and his employees, it is judged that the sentence of the defendant's imprisonment is harsh.

Other records of this case.