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 27, 2013, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act. On March 5, 2015, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On November 23, 2019, at around 06:15, the Defendant driven Cing MKX car in the state of alcohol alcohol 0.046%, while under the influence of alcohol from around 06:15,00 to the Korea Highway Corporation located in Yangyang-si, Yangyang-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, investigation reports (verification of the same kind of power), and application of two copies of summary order 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. Although the Defendant was sentenced to a fine due to the crime of violating the Road Traffic Act on or around 2013 and on two occasions around 2015, the Defendant again committed the crime of drinking driving in the instant case, and the section of drinking driving is not short.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, the fact that the previous night drinking and the previous night drinking is deemed to have been prevented from being driven in the state where the well-being has not been resolved after the end, and that blood alcohol concentration is relatively low, etc., the punishment as ordered shall be determined by taking into account various circumstances shown in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime.