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

On July 23, 2009, the Defendant was sentenced to a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Seoul Central District Court, and on April 7, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime at the Seoul Northern District Court.

On May 28, 2020, the Defendant driven DE300 cars while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.116% from the 300-meter section from the front of the city of Speaker B to the front of C in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports (A), dispositions not yet made, and results of confirmation;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the crime of this case even though he had been tried several times of the same kind, taking into account the time interval between the previous convictions, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, his age, character and behavior and environment, the motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment