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 January 18, 2007, the defendant was given a summary order of one million won or more as a crime of violating the Road Traffic Act in the Cheongju District Court Support on January 18, 2007.

Nevertheless, at around 23:35 on March 31, 2020, the Defendant driven a Fbenz motor vehicle under the influence of alcohol concentration of about 0.097% at the section of about 3km from the front of the “C” restaurant in Seocheon-si B to the front of the E company in Seocheon-si D.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification reports of the same kind of drinking power) Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

There is a record of punishment as a fine for the same kind of crime in 2004 and 2007.

The favorable circumstances: At the time of crime and the mistake are divided.

There shall be no history of criminal punishment exceeding fines for the same kind of crime.