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 August 21, 2015, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on August 21, 2015, and KRW 4 million as a fine on August 3, 2017 at the Pyeongtaek District Court on the same crime.

As above, the Defendant, who violated the regulations on the prohibition of drunk driving twice or more again on February 13, 2019, driven the ECA110B Oral Sea from approximately 300 meters to the front parking lot of the D District located in the B B before Osan City to 0.116% under the influence of alcohol concentration at around 04:06.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the drinking-driving control, drinking photographs, and the ozone photography;

1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the following favorable sentencing grounds):

1. The rationale for sentencing under Article 62-2 of the Criminal Act, Article 59(1) of the Act on Probation, etc. is that the accused confessions and reflects the sentencing, and that there is no previous conviction exceeding the fine is favorable to the accused.

On the other hand, the criminal records of the same drinking driving have not been more than twice, and the criminal records of the second case have been committed in addition to the criminal records of the judgment, and the criminal records of the violation of the Road Traffic Act (unlicensed Driving) are disadvantageous to the defendant.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.