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 April 1, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 23, 2013, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 23, 2013, and on June 20, 2016, a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong-gu Branch on June 20, 2016, respectively.

【Criminal Facts】

On December 22, 2019, even though the Defendant had the power of violating the prohibition of driving under the influence of alcohol, on December 22, 2019, the Defendant driven D SP car volume at approximately 2.5 meters in a section of approximately 0.122% of alcohol alcohol concentration around the road near CF in the same city and east-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence by sentence: Imprisonment with prison labor for one year, suspended sentence for two years (40 hours in social service, 40 hours in course of compliance driving lecture), blood alcohol concentration, the progress and distance from driving, the defendant's identical military power (3 times in fine), and other various circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment and family relationship, shall be determined as ordered by the sentence;