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 January 5, 2012, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Jungbu District Court on January 5, 2012.

On May 15, 2020, at around 01:49, the Defendant driven C C C C C C in the physical-person car under the influence of alcohol with a 0.030% or more of blood alcohol concentration in the area near B in the parking lot in the Namyang-si, Namyang-si.

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

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Report on results of the crackdown on drinking driving (the details of the inspection direction);

1. Investigation report (Report on the situation of running a motor vehicle at sea);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (a summary order attached to a summary order of records of driving sound);

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.