1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal power] On December 5, 2013, the Defendant received a summary order of KRW 1 million from the Seoul Southern District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on April 2, 2018, a fine of KRW 2 million was imposed for a violation of the Road Traffic Act from the Busan District Court’s Busan District Court’s Branch Branch.

【Criminal Facts】

On April 17, 2020, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.130% from the section of about 1km from the front of Seocheon-si B to the front of the same city C, with approximately 0.45 meters from the section of about 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (Attachment to the same type of suspect records);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in around 2018 (hereinafter referred to as a fine), since he/she committed the same crime at once, he/she cannot be deemed to be less liable.

The blood alcohol concentration measured was 0.130% and it was difficult to drive normally.

(A) The defendant was found to have a drunk driving by a police officer after having paid a traffic accident. However, considering the following factors: the defendant's character, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration, and time interval between the previous drunk driving, etc., which can be known through oral argument, the sentence identical to the order shall be determined by comprehensively taking into account the following factors:

order for any reason above.