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 August 18, 2016, the Defendant was issued a summary order of KRW 4 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 16, 2020, at around 02:05, the Defendant driven D c or car while under the influence of alcohol 0.134% in the section of about 2 km from the roads near the Namyang-si, Namyang-si, to the roads in front of the Namyang-si, Namyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Road Traffic Act-driving);

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the field photograph reported as a result of the control of drunk driving; and

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 Article 62-2 of the Criminal Act, despite the fact that the Defendant had been punished for drunk driving in 2016, committed the instant crime.

In the last time, the previous years of drinking driving are recent.

In addition, considering the fact that the defendant recognized the crime of this case, the fact that the defendant would not repeat the crime of this case by disposing of the vehicle, the blood alcohol concentration (0.134%) of this case, the blood alcohol level (0.134%) of this case, the drinking driving distance (2 km), the control background, the age and personality and conduct of the defendant, the family relation, the motive and means of the crime, the circumstances after the crime, etc., the punishment shall be determined as per the order.