A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 7, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on June 8, 201, the same court issued a summary order of KRW 3 million for the same crime.

【Criminal Facts】

On September 24, 2019, at around 01:25, the Defendant driven a C rocketing car owned by the Defendant with the blood alcohol concentration of about 0.193% under the influence of alcohol from the 1km section from the front of Suwon-si B to the front road of the Suwon-si in 241, which is located in the same Gu as the Friwon-ro 241.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records 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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) even though the Defendant had been subject to punishment once a suspended sentence due to drinking driving, the Defendant re-driving a motor vehicle; (b) the blood alcohol concentration of this case is very high; and (c) the Defendant has been subject to punishment several times due to driving without a license.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, the previous conviction of the above suspension of execution was conducted in 2002, and there was no previous conviction due to drinking driving in 201, the fact that there was no previous conviction of the suspension of execution, except the previous conviction of the above suspension of execution, and the support for his spouse and children, the sentence of the defendant's imprisonment is somewhat harsh.

All other records of this case are recorded.