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

[Criminal Power] On September 5, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 1, 2020, at around 08:44, the Defendant driven a B Uidi A6 vehicle while under the influence of alcohol leveling 0.198% from the 20km section of approximately 20km to the 8rd 60km north-ro 661-gil, Namyang-si, Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and each report on the control of drinking driving and giving an appraisal of alcohol alcohol;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he had been punished for the violation of each Road Traffic Act in 2003, 2004, and 2007.

Although the same criminal record is old, the blood alcohol level of this case is high to 0.198% (blood collection), and the distance of drinking driving is considerable. Above all, the risk of drinking driving is realized by causing an accident that the defendant's vehicle is recovered by shocking the central separation zone while driving under influence of alcohol. In addition, considering the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments, such as the records and arguments of this case shall be comprehensively considered.