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 April 3, 2017, the Defendant was issued a summary order of KRW 3 million by the District Court of Jung-gu to the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 20:30 on April 23, 2020, the Defendant driven CK5 cars while under the influence of alcohol 0.140% of alcohol concentration from the vicinity of the Pyeongtaek-dong Pyeongdong to the front road of Namyang-si, Namyang-si.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Road Traffic Act);

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

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the 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 reason for sentencing Article 62-2 of the Criminal Act, despite the fact that the Defendant had been punished for drunk driving in 2017, committed the instant crime.

At the time, the blood alcohol level of the instant case is high, and the police officer reported 112 that the Defendant’s vehicle is driving in a big distance and was dispatched to the site. The Defendant did not cooperate in the measurement of alcohol while putting a bath to the police officer in mobilization.

It is not good that the crimes of defendants are committed.

However, the judgment is based on a comprehensive consideration of the following factors: (a) the Defendant’s recognition of the crime; (b) the interval and frequency of the previous punishment force; and (c) the blood alcohol concentration in the instant case; (d) the distance of drunk driving; (e) the process of detection; (e) the age and character of the Defendant; (e) the Defendant’s age and character; (e