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 15, 2009, the defendant was issued a summary order of KRW 2 million by the Seoul Eastern District Court due to the violation of the Road Traffic Act.

On July 14, 2020, at around 00:21, the Defendant driven a DNA car from approximately 150 meters from the front of the B hotel in Gyeonggi-do to the front of C in the same city, while under the influence of alcohol 0.188% of alcohol level.

In this way, the defendant was driven twice or more while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, appraisal report, and results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (reports on suspect's records of records of drinking driving);

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 is that the defendant again committed the crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration was considerably high, the defendant's age, character and conduct and environment, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into consideration the conditions of sentencing as shown in the arguments of this case, such as