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 April 23, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Yeongdeungpo-gu District Court's territorial support.

On October 27, 2019, the Defendant driven a FMW car from around 3 km to the front road located in D from the front Do in the Gungjin-gun, Chungcheongnam-do, in the state of alcohol of 0.224% of blood alcohol level around 20:00.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A detailed statement of handling reports on the situation of driving under the influence of alcohol, reports on the situation of a driver under the influence of alcohol, reports on the results of the control of driving under the influence of alcohol, making inquiries into the motor vehicle, and reports filed

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the probation, community service order, and the order to attend lectures shall be faithfully observed.

Unfavorable circumstances: The defendant had a record of being fined once due to drunk driving and has been punished for a large number of crimes, and the defendant again committed the crime in this case despite the fact that he/she had a record of being punished for a large number of crimes, and the defendant's blood alcohol concentration is very high at the time of driving, etc.; Considering the fact that the defendant recognized all of the crimes in this case, divided his/her mistake,