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 May 30, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime, such as violation of the Road Traffic Act.

On October 5, 2019, around 21:08, the Defendant moved to drive a car in a state of alcohol with approximately 13 km alcohol concentration of 0.108% from the 13km section from the Triju to the front road located in Yangju City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry report (A), investigation report (a summary order for related cases);

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. 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 under Article 62-2 of the Criminal Act of the community service and lecture attendance order is that the defendant again commits the crime of this case even though he had a previous record of the same kind, interval between the previous record of the same kind, the defendant's blood alcohol concentration, the defendant's repeated absence on the sentence date, and other circumstances such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into consideration the sentencing conditions specified in the arguments