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 18, 2013, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Suwon District Court, and the summary order of KRW 4 million for the same crime at the Sungwon District Court's Sungnam branch on December 20, 2013, respectively.

【Criminal Facts】

On February 21, 2020, at around 01:18, the Defendant driven a F-frop vehicle in the state of alcohol 0.077% alcohol concentration at approximately 13 km section from the roads near the C University located in Seongbuk-gu, Sungnam City, to the roads front of the EPG station located in D.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary written consent to the police suspect examination protocol, report on the situation of the driving of the drinking driver, report on the situation of the drinking driver, notification of the control results of drinking driving, field photographs, licenses, books, mandatory insurance inquiry [previous conviction] against the accused, and the application of Acts and subordinate statutes to report criminal investigations to the accused;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Optional to Imprisonment) and Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of punishment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is a criminal record of drunk driving, and a drinking driving is conducted.

The high risk of accidents caused by the detection of diving while in the signal atmosphere, the distance of drunk driving is long, the danger of drunk driving and the favorable circumstances that are favorable to the necessity of punishment: The recognition of and reflect on the crime, the fact that the driving of drunk is not high, and the circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the sentencing conditions prescribed in Article 51 of the Criminal Act, are considered.