A defendant shall be punished by imprisonment for one year.

except that 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 August 18, 2010, the Defendant received a summary order of a fine of two million won or more in the creative capital support by committing a violation of the Road Traffic Act (driving).

On November 1, 2019, the Defendant driven 800 meters maz vehicles in a state that the Defendant took a alcohol of 0.078% of blood alcohol content from the upper end of C to the front end of E in D, 2019.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though he/she has violated the prohibition on drinking (Article 44(1)) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined as per the disposition, taking into consideration all the circumstances, including the details of the driving of the case of drinking alcohol in this case, the frequency and time of the defendant's past records of punishment for drinking alcohol, the occurrence of traffic accidents due to the driving of the case of drinking alcohol in this case, and the fact that