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 became final and conclusive.

Punishment of the crime

[Criminal Power] On June 18, 2015, the Defendant is a person who received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court on June 18, 2015.

【Criminal Facts】

On October 11, 2019, at around 07:20, the Defendant driven a DNA pool while under the influence of alcohol concentration of 0.031% in the section of approximately three meters, the front road in Seo-gu, Seo-gu, Seoan City.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. A copy of the register of drinking meters; and

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. On April 19, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special injury, etc. in the Hongsung Branch of the Daejeon District Court, and two years of suspended execution, which became final and conclusive on November 16, 2017, and again committed a crime of drunk driving even during the grace period.

In addition, even though the defendant was punished for drinking and driving without a license in 2015, the defendant is not subject to the punishment for the crime by driving again without due care.

However, the defendant led to confession and reflect on the crime of this case.

The blood alcohol concentration is very low.

Although the Defendant was under the influence of alcohol before the day, there are circumstances to consider the Defendant as driving in order to perform his work in the remaining condition at a time of 7:00 a.m.

(b) other.