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 September 8, 2015, the Defendant was issued a summary order of KRW 3 million by the District Court of Jung-gu with the charge of the violation of the Road Traffic Act.

【Criminal Facts】

At around 23:00 on July 31, 2020, the Defendant driven CM6 car while under the influence of alcohol leveling 0.047% from the roads near the Hayang-dong, Chungcheongnam-si, Namyang-si to the roads in front of the Namyang-si, Namyang-si.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes attached to criminal records, references to criminal records, previous records of disposition, reports on results of confirmation, and copies of summary order;

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 committed the instant crime even though he had the record of being punished by a fine due to drinking driving and driving without a license, etc.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession, mistake, the distance of drinking driving is short, the blood alcohol level is relatively low, and the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime of this case, and circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.