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.

Criminal facts

Some of the facts charged were corrected.

On March 25, 2010, the defendant was sentenced to a suspended sentence of two years in October, 2010 by imprisonment with labor for the violation of the Road Traffic Act, etc. at the Sung-nam branch of Suwon District Court.

Nevertheless, at around 00:20 on November 20, 2019, the Defendant, while under the influence of alcohol at least 0.113% of blood alcohol concentration, violated the prohibition of drinking driving by driving a D low-speed car at approximately 100 meters from the front road of the Sungnam-gu, Sungnam-gu, Seoul to the front road of the same Gu at approximately 100 meters.

Summary of Evidence

1. The defendant's legal statement, statement, circumstantial statement, notification of the results of the crackdown on drunk driving, and criminal records inquiry and application of Acts and subordinate statutes of the judgment (investigative records 44 pages);

1. Article 148-2(1) and Article 44(1)3 of the Road Traffic Act (Optional to Imprisonment) of the Act on the Punishment and Discretionary Mitigation of Sentence 53 and Article 55(1)3 of the Act on the Punishment and Discretionary Mitigation of Sentence 62(1) of the Criminal Act (hereinafter referred to as the following), the Defendant, for the reason of sentencing of community service and Article 62-2 of the Act on the Suspension of Execution of Sentence 62(1) of the Criminal Act, was driving a vehicle under the influence of alcohol, even though he had the record of being subject to a suspended sentence of imprisonment for a period of around 201, around 202, as a traffic accident by drinking driving, even though he had the record of being subject to a suspended sentence of imprisonment for a period of time for a traffic accident by drinking driving, he/she had the record of being sentenced to a sentence of imprisonment with prison

It shall be considered as a major circumstance, and the defendant has a attitude to recognize and reflect the defendant's mistake, and the defendant has no record of criminal punishment for the last 20 years, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined like the order, taking into account the circumstances after the crime.