A defendant shall be punished by imprisonment for a term of one year and two months.

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 March 24, 2009, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Cheongju District Court Branch on March 24, 2009. On December 26, 2011, the Defendant received a summary order of KRW 3.5 million for the same crime by the same court.

【Criminal Facts】

On September 25, 2019, around 23:30, the Defendant driven a D's automobile under the influence of alcohol concentration of 0.199% at a distance of about 3km from the Do near Yangyang-gun B to the roads in front of the village development district in Hanyang-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an on-site photograph of the traffic accident;

1. Statement on the circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Inquiry into the result of the crackdown on driving;

1. Criminal records: Criminal records, inquiry reports, investigation status, and application of each summary order Act 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: around 2009 and around 2011, the defendant has been sentenced to a fine on two occasions due to the violation of the Road Traffic Act and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Blood alcohol concentration is high.

A traffic accident was caused by heavy damage during drunk driving.

The favorable circumstances: The mistake is recognized and reflected.

There shall be no criminal records exceeding fines.