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

[Criminal Power] On July 24, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On September 27, 2019, the Defendant, despite the fact that he violated the prohibition of drunk driving as above, driven Dp-car from the road front of the C Hospital located in Seogsan City B with a blood alcohol concentration of 0.168%, up to the 3km road near the clock road located in Seosan City, Seosan City, the Defendant driven Dp-car in the section of about 3km from the 3km road near the clock road located in Seosan City, Seosan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. The circumstantial statement of the employee;

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

1. Notification of the control of drinking driving;

1. Relevant photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on the confirmation of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of one summary order;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the circumstances unfavorable to the Defendant, such as the fact that the Defendant had been sentenced to a fine due to drinking alcohol driving, the fact that drinking alcohol is not low, and the Defendant’s mistake and reflects it; (b) the fact that it does not amount to a traffic accident; and (c) the circumstances favorable to the Defendant, such as the fact that there was no other penalty force, other than the fine imposed by the above previous conviction and the crime of the same type, shall be considered; and (d) the punishment as the order shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments, including the Defendant’s age