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 November 22, 2013, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on November 22, 2013, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court on August 8, 2014.

【Criminal Facts】

At around 22:40 on September 1, 2020, the Defendant: from the front road in Seowon-gu, Seowon-si B, Seowon-si to the front road in the same Gu E in the same Gu, the Defendant transpied a car in a state of alcohol with approximately 500 meters alcohol concentration of 0.075% while under the influence of alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a crime;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which the defendant committed again even though he had been subject to two times of punishment due to drunk driving before: The fact that he committed the crime is divided and reflected, the fact that he has no record of punishment exceeding the fine, and the fact that he did not have any record of punishment exceeding the fine, and all other circumstances constituting the conditions for sentencing, such as the age, character and behavior, environment and conditions before and after the crime