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 14, 2020, the defendant was given a summary order of a fine of five million won for a violation of the Road Traffic Act in the Cheongju District Court Support on February 14, 2020.

Nevertheless, at around 13:40 on February 19, 2020, the Defendant driven an Eststren vehicle while under the influence of alcohol concentration of about 0.131% at the section of approximately 1.1km from the 1.1km to the front road of Dacheon-si, Chungcheongnam-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Reporting the occurrence of a traffic accident and the application of Acts and subordinate statutes governing the accident site photographs;

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 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.

On January 21, 2020, the Defendant, while driving a motor vehicle under the influence of alcohol 0.149% on January 21, 2020, issued a summary order of KRW 5 million by Cheongju District Court Chocheon-gu 2020 high-level 70 on February 14, 2020, and again committed the same offense.

The favorable circumstances: The mistake is recognized and reflected.

No person shall be punished by imprisonment with prison labor or heavier punishment.