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 January 12, 2009, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court due to a violation of the Road Traffic Act.

On January 17, 2020, at around 00:20, the Defendant driven a F Sti-type car with approximately KRW 100 meters alcohol concentration 0.186% under the influence of alcohol from the front road in Suwon-si B to the front road in the same Gu D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the results of the drinking driving control, report on the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Records of judgment: Application of Acts and subordinate statutes to a statement on criminal records, one copy of a summary order, and a report on results of confirmation of the previous dispositions and records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the crime of this case is not less than that of the crime, but the amount of blood alcohol concentration due to drinking of this case is higher.

The defendant has been punished for a fine because he/she has already been exposed to drinking driving, etc. twice.

However, the defendant recognized the crime of this case and divided his mistake, and the records of drinking driving of the defendant have passed at least 11 years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and consequence, etc., and other circumstances which form the conditions of sentencing as shown in the records, such as the circumstances after the crime of this case, shall be determined as ordered.