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 July 13, 2016, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court.

On December 16, 2019, at around 23:09, the Defendant driven a DNA car with a blood alcohol concentration of about 0.098% from the first floor of the building in the Namyang-si to the front road in the Namyang-si, Namyang-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of criminal records, reply reports, and summary order 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. 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