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 June 24, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the District District Court of Jung-gu.

【Criminal Facts】

On June 27, 2019, at around 00:08, the Defendant driven a D observer car under the influence of alcohol concentration of about 0.049% from around 500 meters to the Guri-si Road, from around 00:08, the Defendant was under the influence of alcohol level of about 0.049%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed again the crime of this case even though he was punished for drinking under the influence of alcohol in 2008, that the same criminal record of the defendant was old, that the defendant's blood alcohol concentration has long been used, that the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, etc.