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 February 17, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on February 17, 2015, and KRW 1.5 million as a fine in the same court on March 5, 2019.

【Criminal Facts】

On August 14, 2019, at around 22:35, the Defendant driven Cinti Q50 automobiles while under the influence of alcohol content of about 0.050% in the section of approximately 2km from the 2km road located in Seocheon-si, Seocheon-si to the front roads in front of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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, such as probation, community service order, and order to attend a lecture, is a crime that may lead not only to the life of a person, but also to the life of a person, and the nature of the crime is bad. The defendant has been punished twice due to the same criminal act, and the defendant has been punished twice due to the same criminal act in 2019 and has committed the crime of this case several times, and even if having been punished for the same crime in 2019, there is a need for strict punishment of the defendant even for the prevention of recidivism.

However, the following factors are considered as favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) there is no criminal record exceeding the fine; and (c) the Defendant’s blood alcohol concentration was considerably low; and (d) other factors of sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, character and conduct, motive and means of the instant crime, and circumstances after the crime.