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 July 15, 2009, the Defendant was issued a summary order of KRW 500,000,000 for a fine for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court, and a summary order of KRW 1.5 million for the same crime at the same court on January 16, 2013, respectively.

【Criminal Facts】

On January 12, 2020, around 21:35, the Defendant driven a rocketing car under the influence of alcohol level of approximately 0.079% from the section of approximately 3km of blood alcohol level to the road located at the 1070-ro, Papju-si, Yongsan-gu, Goyang-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of a summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. The sentencing guidelines are not set. 3. The crime of this case in which the sentencing guidelines are applied is the case where the defendant re-driving a motor vehicle despite the fact that the defendant had been punished for driving a motor vehicle for drinking, and the defendant's liability is not weak.

However, the Defendant stated that all the facts charged are recognized and against the Defendant, that the Defendant has no sentence, that the Defendant has the wife to support and two children, etc., taking into account the favorable circumstances for the Defendant, and the Defendant’s age, character and conduct, health conditions, means and result of the commission of the crime, etc. shall be determined by taking into account the various conditions of sentencing specified in the arguments in this case, such as the circumstances after the commission of the crime.