A defendant shall be punished by imprisonment for one year.

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 January 2, 2012, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s branch on January 2, 2012. On July 31, 2013, the Defendant received a summary order of KRW 4 million for the same crime at the same court on July 31, 2013. On July 28, 2015, Cheongju District Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Road Traffic Act (driving). The judgment became final and conclusive on August 5, 2015.

As above, the defendant has been punished twice or more for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 14, 2019, at around 21:51, the Defendant driven a F low-speed car with approximately 300 meters alcohol concentration of 0.083% while under the influence of alcohol on the section of approximately 300 meters from the front of the road B, to the front of the road D.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act for the reason of sentencing, the drinking alcohol of this case, the defendant's same criminal records (the defendant committed the crime of this case again after being sentenced to suspended sentence of imprisonment by causing a traffic accident due to drinking driving around 2015) and other various sentencing conditions indicated in the records of this case, including the defendant's age, character and conduct, and environment, shall be determined as ordered by taking comprehensive account of the various sentencing conditions indicated in Article 51 of