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 June 29, 2009, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 20, 2019, the Defendant driven a B-purd vehicle with a blood alcohol concentration of 0.098% from the area of approximately 26 km to the front road of the Suwon-si Highway from the Yong-NamIC located in the area of the Sinsung-si, Sinsung-si, to the front road of about 21.6 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the state of the driver under the influence of alcohol, report on the control of drinking alcohol, and fact-finding inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records and arguments of this case, including the following circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, blood alcohol level, the distance of drunk driving, the distance of the previous drinking driving, and the time interval between the crime of drinking driving and the crime of drinking driving in this case, shall be comprehensively considered and determined

D. Unfavorable circumstances: A crime that may cause serious damage to another person's life, body, and property needs to be punished, and the defendant has the record of punishment in 2004 and 2009, which is favorable to the fact that a drinking driving is conducted at once despite the fact that the defendant had been punished for drinking driving in 2004 and 2009: The defendant recognized the crime and commits the crime, and the fact that the accident caused by the drinking driving has not occurred.