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 13, 2017, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) from the Suwon District Court, as a result of the violation of the Road Traffic Act.

At around 20:00 on November 12, 2019, the Defendant driven a Clearning car under the influence of alcohol with a 0.104% alcohol concentration from the monthly distance in the Sinyang-si, Seoyang-si to the front road in the Namyang-si, Namyang-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Application of criminal records, reply reports, and summary order 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol concentration of the defendant, the age, character, conduct and environment of the defendant, his age, character and conduct, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as