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.

Criminal facts

【Criminal Power】 On June 15, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court (Tgu District Court) and a fine of three million won for the same crime in the same court on September 2, 2014.

【Criminal Administration, the Defendant, at around 21:35 on November 29, 2019, was under the influence of approximately 10km from the front road in South-gu, Chungcheongnam-gu, Seoul to the front road of the Dong-gu, North Korean apartment complex, to approximately 0.162% of blood alcohol level, in the direction of alcohol level 0.162%, in writing.

A car driving has been driving.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspected victims of violation of the Road Traffic Act, report on the state of his/her driver, report on handling of 112 reported cases, photographs of the suspected vehicle, photographs of the suspected vehicle, internal photographs of the suspect's residence, CCTV photographs for crime prevention, and notification of the results of the control of drunk driving;

1. Each report on internal investigation:

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same kind of power attached) and other Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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. Probation, community service, and lecture attendance order are high in the degree of blood alcohol concentration for the reason of sentencing in Article 62-2 of the Criminal Code, and this is the third drinking driver, the defendant's other punishment power, reflectability, etc. shall be taken into account.