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 June 26, 2016, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act from the District Court of the Republic of Korea on June 26, 2016.

On April 5, 2020, at around 01:00, the Defendant driven D again-run XF car with approximately 0.152% of alcohol alcohol level 0.152% under the influence of alcohol from the 4km section to the roads in front of the “C Real Estate” located in the Gyeonggi-si, the Government of Gyeonggi-si, around 01:35 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of criminal records, reply reports, and Acts and subordinate statutes verifying the record of drinking driving;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be