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 November 25, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】 On December 17, 2019, the Defendant driven a rocketing car with the alcohol level of 0.04% 0.04% from the 8km section from the front of Gyeonggi-si B to the front of the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the same kind of crime and investigation experience);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the provision of drinking alcohol in this case, the circumstances leading up to the Defendant’s drinking operation, the same criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case, including the age, character and conduct of the Defendant and the environment, shall be determined as ordered by considering the following factors.