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 May 1, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On August 9, 2019, at around 22:55, the Defendant driven a vehicle for passenger use by DSS 3, while under the influence of alcohol alcohol concentration of about 0.122% at approximately 3.5 kilometers from the front of the 563 Electric Power Corporation's Special Branch to the front of the 563 Electric Power Corporation C-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of drinking alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and requires strict punishment. The circumstances favorable to the defendant's driving of drinking alcohol prior to the instant case, even though he/she had the record of punishment one time prior to the instant case: The defendant recognized the crime, and expressed that he/she would not drive drinking again, such as selling the vehicle possessed by the defendant, etc.; the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.; and the various sentencing conditions specified in the instant records and arguments are considered.