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 January 14, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court for the Defendant on January 14, 201, and on January 26, 2018, issued a summary order of a fine of five million won for the same crime in the same court.

On May 13, 2020, at around 09:05, the Defendant driven a Fpoter vehicle at a section of about 200 meters from the front side of the Goyang-dong Dong-gu B apartment cdong-gu, Goyang-si, Goyang-si to the front side of the Ebridge located in Goyang-dong-gu, Goyang-si, Goyang-si, Goyang-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of drinking driving under the judgment: Investigation reports (Attachment to summary orders issued by suspects A and criminal records of the same kind), criminal records, and application of Acts and subordinate statutes;

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 Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

Although the Defendant had been punished twice or twice due to drinking driving, and again, he was driving under the influence of this case, it is necessary to severely punish the Defendant.

However, in consideration of the fact that the defendant's mistake is recognized and divided, the blood alcohol concentration is not high by 0.033%, and there is no record of punishment more severe than the fine, etc., the punishment shall be determined to suspend the execution of imprisonment as above after mitigation.