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 December 14, 2009, the Defendant received a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on August 10, 201, respectively.

On January 27, 2020, at around 21:44, the Defendant driven a C Ecoo vehicle under the influence of alcohol concentration of 0.121% from the three km section from the front of the B funeral hall in Yangju-si to the front road in the Yangju-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for drinking driving in 2009 and 2011.

In full view of the distance and frequency of the previous penal force as above, the blood alcohol concentration (0.121%) of this case, the distance of drunk driving, the age and character of the defendant, his age and personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as per the order, taking into account various sentencing conditions shown in the records and arguments