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 March 25, 2019, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 5, 2019, at around 23:45, the Defendant driven B-low-scale car under the influence of alcohol with approximately 300 meters alcohol concentration of approximately 0.063% from the 300-meter section from the French B-dong, Seo-gu, Seoul, to the official construction distance in the same Dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant committed the instant crime within a short period once again even though he/she had the history of having been punished twice due to drinking driving; (b) the level of drinking alcohol measurement is considerably high; (c) the social harm to drinking driving is so great that it is necessary to punish the Defendant significantly; (d) the Defendant is led to confession; and (e) the Defendant has no criminal record other than the fine; and (e) the favorable circumstances, such as the Defendant’s age, character and behavior, environment, background, motive, means and consequence of the instant crime; and (e) the Defendant’s age, character and behavior, the background and motive of the crime, and the circumstances before and after the crime