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 October 10, 2016, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on October 10, 2016 and was engaged in drinking driving twice.

Around 03:40 on October 27, 2019, the Defendant driven a D-hurd-hurged car with a blood alcohol concentration of about 0.140% in the section of about 50 meters from the 03:40 on the road in Ansan-si, Ansan-si to the front of the same Gu C.

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. The circumstantial statement of the employee;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, repeated statements, and a copy of the relevant case list;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.