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 February 5, 2009, the Defendant was notified of a fine of one million won as a crime of violation of the Road Traffic Act, and a summary order of two million won as a fine from the same support on December 4, 2009 to the same crime, respectively.

On February 16, 2020, at around 11:35, the Defendant driven C nose or car while under the influence of alcohol with 0.043% of alcohol level 0.043% from the 1km section from the 1k-ro to the road located in the same 70-ro.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement of the results of the drinking driving control;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 0.043% of the total amount of drinking water before and after drinking; Supreme Court Decision 2006Da1448, Apr. 2, 201; Supreme Court Decision 2006Da1248, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act (see, e.g., circumstances in the preceding and the fact that there is no record on criminal punishment exceeding the fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;