A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 21, 2009, the Defendant was notified of a summary order of a fine of KRW 1.5 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 26, 2019, around 22:16, the Defendant driven a DNA car with a blood alcohol content of about 0.173% while under the influence of alcohol at the 1km section from the front of the Yangju City to the front of the Yangju City.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., taking into account the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, etc., shall be determined as ordered.