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 August 23, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving on Motor Vehicle) at the Jung-gu District Court.

【Criminal Facts】

On July 15, 2019, at around 20:49, the Defendant driven a DNA fladon car under the influence of alcohol concentration of approximately 0.199% from approximately 2 km to the front road in the Namyang-si, the Namyang-si, B, and C.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, summary order, and application of the statutes governing the judgment;

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 instant crime even though he was punished for drunk driving in 2016, the defendant can have the record of punishment for drunk driving even before, and the degree of blood alcohol concentration of the defendant, the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as above.