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 November 14, 2008, the defendant is a person who has received a summary order of a fine of two million won for a violation of the Road Traffic Act from the original court of the Chuncheon District Court on November 14, 2008.

On November 201, 2019, at around 01:30, the Defendant driven D passenger cars under the influence of alcohol of about 0.10% of alcohol concentration at approximately 1.5 km from the front of a mutually unclaimed restaurant in the Cheongcheon-si, Cheongcheon-si to the front of the Cagency in Ycheon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiries about the results of drinking control;

1. Criminal records: Criminal records, inquiry reports, investigation reports (verification of criminal records of sound driving), and application of Acts and subordinate statutes governing summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The defendant was punished as a fine by committing a crime of drunk driving in 2008.

Blood alcohol concentration is relatively high.

The favorable circumstances: The mistake is recognized and reflected.