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 August 27, 2010, the Defendant was issued a summary order of a fine of KRW 3.5 million by the Suwon District Court for a violation of the Road Traffic Act.

On November 22, 2019, at around 00:32, the Defendant driven a D car from the time when he was under the influence of alcohol content of 0.122% in blood, to the roads near the Dongwon-gu, Sungnam-gu, Sungnam-si, and the roads near the Dongwon-gu, Jungwon-gu, Seoul-gu, to the roads near the Dongwon-gu, Jungwon-gu B.

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

Summary of Evidence

1. The defendant's legal statement, the survey report on the actual state of driving at home, the report on the actual state of driving at home, the report on the situation of a driver at home, the report on the control of drinking-driving, and the

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, once again driven under the influence of alcohol even though he had the record of punishment for drunk driving.

In light of the circumstances that the Defendant was unable to accurately memory the situation at the time of the instant case, the degree of the taking-out is not somewhat weak, and the risk was also not high due to driving of the vehicle in the state of taking-out, it is against the fact that there was no record of punishment exceeding the fine, the fact that there was no record of punishment exceeding the fine, and the fact that the record of punishment for driving under the influence of alcohol has relatively old.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.