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 April 1, 201, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

around 19:52 on December 17, 2019, the Defendant driven Done Star Co., Ltd. at approximately 18 km section from the detailed paper of the offset in Seoul Special Metropolitan City, Nowon-gu to the front road located in Gyeonggi-si B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, a written appraisal of blood alcohol and the results of the control of drinking driving;

1. Records before judgment: Criminal records, etc. inquiry reports, previous records of dispositions, and application of Acts and subordinate statutes reporting results of confirmation;

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 reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished three times due to drunk driving, once again, is highly likely to be subject to criticism. However, there is no criminal conviction exceeding a fine, there is no criminal record since 2011, the defendant is against his/her mistake, and the defendant appears to be in a night driving, and the degree of blood alcohol level at the time is relatively low, etc. are considered as favorable circumstances to the defendant. In addition, the defendant's age, character and conduct, family relation, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as ordered by the order, taking into account various sentencing factors revealed in the trial process of this case, such as the defendant'