A defendant shall be punished by imprisonment for two years.

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 March 5, 2009, the Defendant was sentenced to a suspended sentence of six months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving) at the Suwon District Court on December 27, 2012, and was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Suwon District Court on December 27, 2012. On October 8, 2014, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act at the Suwon District Court’s Housing Site.

【Criminal Facts】

On August 3, 2019, at around 08:05, the Defendant driven a DNA car under the influence of alcohol content of about 0.055% from the pre-factory of the “C” located in Jincheon-gun, Jincheon-gun, Chungcheongnamcheon-gun, to the pre-road of the Jincheon-gun, Jincheon-gun, the Do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Records of previous judgments: Criminal records, inquiry reports, and application of each of the same electric power decisions, respectively;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, had reached five times the history of criminal punishment due to drinking driving or refusal of drinking alcohol measurement, and has already been sentenced to a suspended sentence of imprisonment and a sentence of imprisonment since 2010.

Nevertheless, the defendant also committed the crime of drinking driving in this case, and the nature of the crime is not that of the crime.

However, in consideration of the fact that the defendant confessions the defendant and repents his mistake, and that the blood alcohol concentration is deemed to have been a relatively high-level driver after the lapse of a considerable time after the previous drinking, the execution shall be conducted on condition of probation, etc. only at once on condition of probation, etc.