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 July 23, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on January 24, 2017, respectively.

On May 14, 2020, at around 00:0, the Defendant driven a c restaurant parking lot located in the Gyeongbuk-gun B, Chungcheongnambuk-gun, with approximately two kilometers from the section of about 2km to the front road of the E secondary school located in D in the same Gun, with a blood alcohol concentration of 0.110% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant's error of the reason for sentencing or attending the course of probation and attending the lecture, is not mitigated, and that the main contents are against the defendant, etc., shall be determined by taking into account the favorable circumstances, such as the defendant's age, character and conduct, environment, circumstances, means and consequence of the crime, and other factors of sentencing as shown in the trial process of this case, including the circumstances after