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 January 27, 2012, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on January 27, 2012.

On September 21, 2020, the Defendant driven a C Car with C Car with blood alcohol concentration of 0.239% under the influence of alcohol in the section of approximately 2 km from the top-dong in Seosan-si to the front road in the same city B from September 13, 2020.

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

Summary of Evidence

1. Court statements of the accused concerning drinking alcohol measurement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under