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 October 29, 2008, the defendant was issued a summary order of 700,000 won for a fine for violation of the Road Traffic Act by the District Court of the Jung-gu District on the charge of violation of the Road Traffic Act.

On July 27, 2020, around 01:52, the Defendant driven C SP car under the influence of alcohol concentration of 0.142% at a three-lane section from the influent surface to the front road of the B apartment in Yangyang-si, Namyang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the statement of the status of the motor vehicle under consideration, and investigation report (report on the circumstances

1. Application of criminal records, reply reports, and Acts and subordinate statutes on the confirmation of the same record of the suspect;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. Although the Defendant had been punished for a violation of the Road Traffic Act (driving) around 2008, the Defendant committed the instant crime at the same time, and the blood alcohol concentration of the Defendant at the time of the instant case reaches 0.142%.

However, taking into account the fact that the defendant's financial situation is difficult and the defendant wants to take the ship's wife.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.