A defendant shall be punished by imprisonment for one year.

except that 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 August 4, 2016, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Daejeon District Court on August 4, 2016.

Criminal facts

On March 14, 2020, the Defendant, as seen above, driven B automobiles while under the influence of alcohol with 0.049% of alcohol content around 17:2 on March 14, 2020, and operated approximately 7 meters in front of the Hacheon-gun, Chungcheongnamcheon-gun.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Before ruling: Application of criminal records, reply reports on criminal records, investigation reports (Attachment of summary order to the same type of crime records);

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 grounds for the suspended sentence under Article 62(1) of the Criminal Act include the drinking alcohol of this case, the defendant's single criminal records, the defendant's single criminal records, the fact that the defendant's operation of his/her father is against his/her nature, the defendant's age, character and conduct, and environment, and other various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of this case, shall