A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 23, 2012, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (Refusal of measurement) from the Chuncheon District Court.

On September 19, 2019, the Defendant driven c, under the influence of alcohol with a 0.153% alcohol concentration from a 10k section from an insular place to the front road of Gyeonggi-gun B, the Defendant driven c, while under the influence of alcohol with a 0.153% alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, a blood alcohol appraisal report;

1. The actual condition survey report;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) 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 several times for the same kind of crime, such as drinking, driving without a license, refusing to measure drinking, etc. even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed while driving under the influence of 0.153% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.