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

On November 19, 2008, the defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the District Court of Jung-gu on November 19, 2008.

On December 31, 2019, at around 00:05, the Defendant driven a DNA cargo vehicle with blood alcohol content of 0.144% while under the influence of alcohol at the 20-meter section in the passage of B apartment C-dong underground parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the same type of crime records) and 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. The defendant has been punished twice as drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.14% in the second blood.

However, it appears that social ties are relatively clear by recognizing the crime of this case, including the fact that the defendant is against the defendant, the majority of the defendant's prisons wanting to find the defendant's wife against the defendant, and the circumstances favorable to the defendant's family members supporting the defendant. Considering the motive and background of the crime of this case including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and criminal record relations, the punishment as set forth in the order shall be determined by taking