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 March 23, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on March 23, 2010, and on March 2, 2015, issued a summary order of a fine of five million won for the same crime from the Chungcheong District Court’s Chungcheong Branch.

【Criminal Facts】

On June 5, 2020, at around 01:53, the Defendant driven a E-B car with a blood alcohol concentration of about 0.191% in the 1km section from the front of the D apartment parking lot to the front of the D apartment parking lot.

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

Summary of Evidence

1. For the accused's legal statement, the survey report on the actual condition of his/her oral statement, on-site photographs, the circumstantial statements, the driver's license register, the driver's license register, and the previous records in his/her judgment: The application of Acts and subordinate statutes to criminal records, investigation reports (verification of the same kind of force);

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. Taking account of the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, even though there are a large number of criminal records of the same kind of crime, again leads to the crime of this case, and the drinking volume is high by 0.191%, the defendant’s confession is considered as the reason for sentencing favorable to the defendant, and taking into account all other circumstances, including the defendant’s age, background leading to the crime, and circumstances after the crime, the sentence of the same punishment as the order